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(영문) 인천지방법원 2017.12.07 2017나1530
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 25, 2016, the Plaintiff entered into a contract with the Defendant for interior and new construction (hereinafter “instant apartment”) on the interior and new construction (hereinafter “instant construction”) of Gyeyang-gu, Incheon Metropolitan City D apartment A. 507 (hereinafter “instant apartment”), and completed the instant construction on August 9, 2016.

B. The Defendant paid to the Plaintiff a total of KRW 100,000 and an intermediate payment of KRW 5,100,000 as the instant construction cost, and occupied the instant apartment on August 11, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3 (including each number), the purpose of the whole pleadings

2. The parties' assertion and judgment

A. As to the plaintiff's assertion that "the remaining construction cost of this case is agreed upon as the construction cost of KRW 14.3 million," the defendant asserts that "the construction cost of this case was agreed as the construction cost of KRW 10,000,000, and approximately KRW 5,000,000,000 was incurred in the apartment after the construction of this case, and thus, the remaining construction cost shall not be paid."

B. The aforementioned facts and evidence, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 3-1, Eul evidence No. 2, Eul evidence No. 2, and Eul evidence No. 2 are comprehensively considered in the whole purport of the pleadings. In other words, the following circumstances are as follows: ① A written estimate with respect to the construction of the instant apartment, stating "The amount of KRW 14 million, 300,000,000,000,000,000,000,000,000, and 5.1 million,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

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