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(영문) 서울중앙지방법원 2020.01.08 2019나14850
공사대금
Text

All appeals against the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur with the trade name of F, who engages in metal construction, etc., and the Defendant is a corporation entrepreneur with indoor decoration business, etc. as its business purpose.

B. On November 12, 2016, the Defendant subcontracted to the Plaintiff the construction work of manufacturing and installing safety fences during the foregoing construction work (hereinafter “instant construction work”) upon receiving a contract from Nonparty D Co., Ltd. for the E E E E E E E H 3, 4, and 4, in Seoul (the scheduled work period: November 17, 2016 to November 22, 2016); and the written contract did not separately be prepared.

C. On November 25, 2016, the Plaintiff had Nonparty G (mutual name: H) perform the instant construction, and completed the construction on December 3, 2016. On December 12, 2016, the Plaintiff signed a written confirmation on the document stating “the completion of construction” with the content of confirming that the construction contract was established according to the construction contract by the Defendant’s site manager, the Defendant’s site manager, and on December 12, 2016.

Contents on the date of the division (Additional sheet) shall be the 11th written estimate totaled of the pents of the pents of November 9, 2016, 107m 13m 107m 19,719,000m 2nd written estimate of November 25, 2016, 2011. 25m 141m 141m 13m 25,92,750m 3th written estimate of November 25, 2016, 156m 15m 171m 31,589,250m 4m 250m 4m 123.8m 8m 123m 8m 123.8m 4m 204m 17.3m 204m 204m 17.3m 204m 17.4m 204m 204m

D. In lieu of the failure to prepare a contract concerning the instant construction project, the Plaintiff submitted a written estimate to the Defendant three times. The main contents of each written estimate and the said written estimate and the actual execution details are as follows.

E. The Plaintiff received KRW 30,800,000 from the Defendant as the instant construction cost.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 6, the result of the appraisal by the court of first instance, the result of the fact-finding reply to this court's appraiser J (as of November 18, 2019), and arguments.

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