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(영문) 서울남부지방법원 2019.01.10 2018가단238036
용역비(간병비 등)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that the Defendant was placed in a de facto marital relationship with the Defendant for several years, and it was difficult to move freely for several years. However, when calculating the nursing expenses corresponding to 158 days during the actual nursing period (i.e., 158 days x 120,000 won per day), the Plaintiff sought payment of KRW 18,960,000 for the above nursing expenses to the Defendant.

Upon the request of the defendant, the plaintiff performed the expansion construction of the commercial building owned by the defendant (Seoul Seodaemun-gu D), and sought payment of KRW 11,346,00 to the defendant.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments, evidence Nos. 1 through 3, 7, and 8, the Plaintiff appears to have assisted the Defendant’s hospital entrance and discharge procedure, and managed the Defendant’s residence and commercial building in a certain part. However, it is reasonable to view it by the Plaintiff’s subparagraphs (as above, the Plaintiff alleged that it was a de facto marital relationship with the Defendant and was a de facto marital relationship with the Defendant), and otherwise, the Plaintiff’s assertion as to the conclusion of a separate delegation contract between the Defendant and the Defendant, unless there is any evidence, as to the Plaintiff’s claim for nursing expenses is without merit.

B. No. 4 of the extended construction cost claim No. 4 is merely a estimate for the extended construction cost, and it is difficult to deem that the Plaintiff performed the construction work of the amount stated in the said quotation only on the basis of the said estimate. There is no evidence to acknowledge that the Plaintiff paid KRW 11,346,00 to expand the construction work owned by the Defendant

Therefore, the plaintiff's assertion about the expansion cost claim is without merit.

3. The plaintiff's claim for conclusion is dismissed for all reasons.

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