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(영문) 서울동부지방법원 2020.12.02 2020나980
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the occupants of Songpa-gu Seoul Metropolitan Government and D lending (hereinafter “instant lending”).

B. On July 21, 2017, the Plaintiff entered into an agreement with the Defendant, who was the head of the instant flood control household, to undertake the instant waterproof construction works (hereinafter “the instant waterproof construction”). If originally, the Plaintiff would have 13 persons, including the Plaintiff, etc., the contractor of the instant loan construction, who was the owner of the instant building, as the owner of the instant waterproof construction works. However, if the Plaintiff paid KRW 8,00,000 to the business entity performing the instant flood control project on the ground of the time required for the request or urgency of the construction, etc., the Plaintiff agreed to pay the Plaintiff KRW 8,00,000 for the construction costs, which was later responsible for the Defendant and paid by G corporation the Plaintiff the instant defect repair, with the payment of KRW 8,00,000 to the Plaintiff (hereinafter “instant contract”).

C. From July 26, 2017, the Plaintiff’s implementation of the instant waterproof Construction Work

8. H Co., Ltd. that took effect by June 24, 201, KRW 5,000,000, and the same year;

8. 8.3,00,000 won, total amount of KRW 8,000,000.

Afterward, while the Defendant received the instant defect repair deposit from G Co., Ltd., the Plaintiff did not pay the Plaintiff the cost of the instant waterproof construction work that the Plaintiff paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant, pursuant to the instant agreement, shall promote the litigation from October 26, 2019 to the day of full payment, with the delivery of a copy of the instant complaint as sought by the Plaintiff, as to the cost of waterproof construction 8,00,000 won paid by the Plaintiff to the Plaintiff.

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