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(영문) 대구지방법원 2020.02.19 2019나4821
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a construction business, such as the establishment of a greenhouse with the trade name of “C”, and the Defendant is a person who runs an agricultural business, such as Oral farming.

B. Around January 2015, the Defendant contracted the Plaintiff with the construction of the Defendant’s plastic greenhouse facilities renovation, etc. (hereinafter “instant construction”). The instant construction was completed on February 2, 2015, and the Defendant paid the Plaintiff KRW 50,000,00,000 on February 3, 2015, and KRW 20,00,000 on February 16, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 evidence (including each number, hereinafter the same shall apply), Eul 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s construction cost of the instant case was KRW 79,60,00,00 for construction cost of KRW 2,070,00 for the period from January 15, 2015 to January 1, 2014, and KRW 58,60,00 for D Corporation 17,330,00 for E Corporation, F Corporation 1,60,000 for total amount of KRW 1,60,00 for F Corporation 1,60 for 1,60,000 for 10,000 for 20,000 for 20,000 for 160,000 for 20,000 for 20,000 for 20,000 for 20,000 for 20,000 for 20,000 for 20,000 for the Defendant’s reimbursement of the construction cost.

B. According to the scope of construction cost per determination, Gap evidence Nos. 1 through 3, images, and the purport of the entire pleadings, the instant construction work shall be D in 2014.

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