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Reasons
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(영문) 광주지방법원 2020.07.17 2019나64777
공사대금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that aims at the business of manufacturing, selling, and repairing ships, etc., and the Defendant is the owner of the yacht in the name of “C” (hereinafter “instant yacht”).

B. On July 2018, the Plaintiff received a request from the Defendant for repair of the instant yacht, and commenced repair upon delivery of the instant yacht on August 2018.

C. On August 17, 2018, the Defendant transferred KRW 7,000,00 to a bank account under the name of the Plaintiff’s spouse.

After completion of repair of the yacht, the Plaintiff again delivered the instant yacht to the Defendant on December 29, 2018.

E. Meanwhile, the Plaintiff requested repair of the instant yachts from the Defendant, and issued three copies of the quotations written by the Defendant as “ August 23, 2018.” The Plaintiff’s total estimate is written in KRW 23,542,20,200,20,20,849,400, and KRW 14,085,50, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Gap evidence 5-2, Eul evidence 1-4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was requested by the Defendant to repair the instant yacht, prepared and delivered a written estimate on the repair of the instant yacht, and agreed on the repair cost at KRW 14,00,000, and completed the repair of the instant yacht.

However, the Defendant paid only KRW 7,000,000 out of the above repair cost to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amounting to KRW 7,00,000 for unpaid repair costs, KRW 870,60 for the instant yacht, KRW 1,487,060 for value-added tax, and KRW 9,357,660 for value-added tax, and KRW 7,870,60 for delay damages (= KRW 7,000 for KRW 870,600).

B. The Defendant’s assertion that there was no agreement between the Plaintiff and the Defendant on the repair cost of the instant yachts in KRW 14,000,000, and the amount of KRW 7,000,000, which was deposited before receiving a written estimate from the Plaintiff, is determined as the repair cost of the instant yachts.

2. The defendant

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