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(영문) 인천지방법원 부천지원 2018.04.11 2017가단13337
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation with the purpose of indoor interior interior interior interior decoration fishery, etc., and the defendant is a person engaged in painting construction business with the trade name B.

B. On January 2017, the Defendant contracted with the Plaintiff for KRW 15,000,00 for the “C” delivery shop (hereinafter the instant construction work) which is a Korean-style waste restaurant, and completed the said construction work around that time. The Defendant contracted with the Plaintiff for the additional construction work in KRW 250,000, for KRW 250,000, and for KRW 430,000, respectively, for each additional construction work in the Songpa Logistics Center.

C. On March 14, 2017, the Defendant received down payment of KRW 2,00,000 as to the instant construction project from the Plaintiff, but did not receive the remainder payment of KRW 13,00,000 and KRW 680,000 for each of the aforementioned additional construction works, and filed a lawsuit against the Plaintiff seeking payment of the remainder payment of construction works with the Incheon District Court Branch Branch Office 2017 Ghana 18053, and filed a lawsuit against the Plaintiff. On July 25, 2017, the Defendant issued a decision of performance recommendation that “the Plaintiff shall pay the Defendant KRW 13,680,00 and delay damages therefrom,” and the said decision of performance recommendation became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1 to 11 (including branch numbers for those with a serial number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and each of the above additional construction costs were finally settled at KRW 12,00,000,000, and KRW 3,000,000 due to the defects of the instant construction.

Therefore, the part of compulsory execution based on the decision on performance recommendation of this case (i.e., KRW 12,000,000-3,000-3,000,000-2,000 down payment, which is paid as down payment of KRW 2,00,00,000, should be dismissed.).

B. We examine whether the Plaintiff and the Defendant finally settled the construction cost of the instant construction and each of the instant additional construction costs at KRW 12,000,000, the written evidence No. 1 alone is recognized.

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