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(영문) 서울중앙지방법원 2018.08.24 2017나70221
창호공사대금청구
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. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant adds “additional Judgment” to the argument that the court of first instance emphasizes in the trial, and thus, it is identical to the reasoning of the judgment of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the

2. Additional determination

A. The Defendant asserted that the contract amount of the instant construction work was KRW 30 million in the trial, but around October 19, 2014, the Defendant agreed to settle the unpaid construction cost at KRW 15 million with E, who is the Plaintiff’s employee, and that the unpaid construction cost was repaid to the Plaintiff on November 1, 2014, and thus, the unpaid construction cost was merely KRW 10 million.

B. (1) In full view of the following facts: (a) Each statement of No. 4, 5 (including paper numbers), No. 1, 5, and 7 (including paper numbers), each statement of the first instance court witness G, and E’s testimony and arguments; (b) each of the supply values of the first quotation (Evidence No. 1) that the Plaintiff sent to the Defendant is 45,782,000 won; (c) the top of the Do table clearly erroneous statement of “38,50,000 won” was sent to the Defendant on October 11, 2013; and (b) thereafter, the Plaintiff’s employees G sent the Defendant a settlement statement of accounts (Evidence No. 5) to the Defendant on October 11, 2013; (d) the amount of each of the supply value of the instant construction cost was 4,941,000 won; and (d) the additional statement of KRW 10,300,400; and (d) the Plaintiff’s first settlement statement of accounts was 10.40 billion won.

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