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(영문) 서울북부지방법원 2020.10.13 2019나1600
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Of the purport of the judgment of the first instance, "the plaintiff and the plaintiff."

Reasons

1. Basic facts

A. On September 2015, the Plaintiff received a contract for the Defendant’s Housing Repair Work (hereinafter “instant construction work”) from the Defendant, a wife, and instead, did not prepare the contract, and the Defendant decided to directly remit the construction cost to the relevant business entity whenever material cost, etc. occurs.

Accordingly, on September 3, 2015, the defendant remitted 621,000 won to the account of C, one of the companies supplying materials at the material cost.

B. After that, the Plaintiff and the Defendant changed the method of paying the construction price and transferred the price to the Plaintiff. Accordingly, the Defendant transferred KRW 1,000,000 to the Plaintiff on September 8, 2015, and the Plaintiff commenced the construction work and delivered the said house to the Defendant around that time.

C. On September 10, 2015, the Defendant, as the instant construction cost, remitted KRW 5,00,000, respectively, to the Plaintiff as the instant construction cost, and KRW 5,000,000, respectively, on September 15, 2015, and September 21, 2015, respectively.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s asserted construction cost of KRW 23,856,430, labor cost of KRW 11,731,650, and labor cost of KRW 395,650,080 (=23,856,430, KRW 11,731,000) and KRW 395,650,080, in addition to the materials cost of KRW 24,380,000 (= KRW 1,000, KRW 13,380,000, KRW 5,000,000, KRW 5,000,000), the Defendant shall additionally pay KRW 11,603,080 (=35,983,080, KRW 24,380,00,00).

In calculating the construction cost required for the instant construction and the amount of the construction cost paid by the Defendant, the Plaintiff appears not to include KRW 621,00,000, which the Defendant transferred to the account of Co., Ltd. on September 3, 2015, respectively.

B. The Plaintiff and the Defendant initially set the construction cost of the instant construction in KRW 20,000,000, and the Plaintiff totaled KRW 20,000 from the Defendant as the construction cost.

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