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(영문) 광주지방법원 2018.01.31 2017나3044
매매대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which constitutes the following amount of payment:

Reasons

1. Basic facts

A. From April 2015, Defendant B is the owner of the building that had been running the construction of the five-story building on the ground D in Gwangju Mine-gu (hereinafter “instant construction”), and Defendant C is the husband of Defendant B.

B. The Plaintiff operated a restaurant called “F” in Gwangju Mine-gu, the area near the instant construction site, and provided meals to the people of the said construction site during the construction site.

C. The meal cost that the Plaintiff provided to the people of the instant construction site before August 3, 2015 is KRW 1,849,000.

From August 4, 2015 to March 26, 2016, the Plaintiff provided meals to the members of the instant construction site as shown in attached Table 1, and, accordingly, drafted A evidence 1-1 (transaction Book).

Meal costs provided by the Plaintiff during the above period are total of KRW 2,669,420.

(The details of the meals are not included in the following items:

From October 16, 2015 to February 1, 2016, the Plaintiff provided meals to the relevant department of reinforced concrete construction among the instant construction works as shown in the list No. 2, as shown in the table No. 1, and prepared A evidence No. 1-2 (Transaction No. 1).

Meal costs provided by the Plaintiff to the father related to reinforced concrete construction during the above period are total of KRW 7,780,490.

F. Defendant C paid the Plaintiff the meal cost of KRW 8 million (= KRW 3 million on November 28, 2015, KRW 3 million on January 6, 2016, KRW 200,000,000 on March 28, 2016) with respect to the meals of the members of the instant construction site.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that Defendant C act on behalf of the defendant B with respect to the instant construction work, and during that process, the plaintiff's allegation No. 1

(c)bee;

As stated in paragraph (1), meal costs provided to the people at the construction site of this case shall be directly paid.

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