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(영문) 전주지방법원 2019.04.19 2018나10275
공사대금
Text

1. Revocation of the first instance judgment.

2. From May 17, 2017 to August 3, 2018, the Defendant’s KRW 4,200,000 to the Plaintiff.

Reasons

1. On May 16, 2017, the Plaintiff was obligated to pay the instant construction cost of KRW 4.2 million and the damages for delay from May 17, 2017, as the Plaintiff was engaged in manufacturing and installing fixed mining (a tent) at the Defendant’s business establishment (hereinafter “instant construction”).

2. In full view of each of the statements and videos stated in Gap evidence Nos. 1 and 2 (including paper numbers) and the purport of the entire pleadings, the plaintiff entered into the instant construction contract with the defendant and completed the instant construction work that was spent for construction cost of KRW 4.2 million on May 16, 2017 ( KRW 2.4 million, KRW 6 million, KRW 600,000, KRW 1.2 million, and KRW 1.2 million for manufacturing and installing labor costs). Since the plaintiff's claim for construction cost of this case is a claim for commercial activities, the defendant is obligated to pay the plaintiff the construction cost of this case and KRW 4.2 million on May 17, 2017, which is the day following the completion date of the instant construction, to August 3, 2018, the delivery date of a copy of the complaint of this case, to the day after the completion date of the construction, to the day after the completion date of the construction, to the rate of 1.5% per annum per annum.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance, which has concluded otherwise, is unfair, and thus, the plaintiff's appeal is accepted and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above money, and it is so decided as per Disposition.

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