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(영문) 부산지방법원 2019.05.15 2018나54439
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Plaintiff’s assertion

On October 16, 2017, the Plaintiff entered into a contract with the Defendant for the construction period from October 16, 2017 to November 30, 2017 with respect to the instant real estate C (hereinafter referred to as “instant real estate”) with respect to the construction work for remodeling cost of KRW 63.5 million (hereinafter referred to as “instant construction work”); and on November 11, 2017, the Plaintiff completed the said two construction works under a contract with the Defendant (hereinafter referred to as “the instant additional construction”). From the Defendant, the Plaintiff received KRW 43.5 million, a part of the construction cost, from the Defendant.

Therefore, the Defendant should pay to the Plaintiff the remainder of the construction cost of the instant construction and the instant additional construction cost of KRW 28,30,000 ( = KRW 63.5 million - KRW 43.5 million - KRW 1,700,000) with the aggregate of the construction cost of the portion that the Plaintiff did not construct (= KRW 6,00,000,000 for KRW 1,66,000,000 for KRW 1,200,000 for KRW 1,830,000 for KRW 1,830,000 for KRW 6,000 for KRW 1,660 for KRW 1,70 for KRW 1,830,00 for KRW 1,60 for KRW 1,600 for KRW 1,170 for KRW 1,700 for KRW 3,000 for KRW 3,000 for KRW).

Judgment

The following circumstances, which can be known by the witness D’s testimony and the entire purport of pleading, i.e., the Plaintiff’s commencement of the instant construction and additional construction, but has been recognized as having commenced the instant construction and additional construction, but it has been suspended at least one month, and ii) the Defendant offered a contract to D for the remodeling construction of the instant real estate, and completed the remodeling construction of the instant real estate, and D is also executed by the Plaintiff except a set, a set-off, a first floor-to-story, three households, and a subsequent building.

Along with the suspended portion, the construction was also included in the construction work of this case and the details of the additional construction work of this case. ③ D is repaired on the following grounds: (i) the parts asserted by the Plaintiff to have completed the construction work of this case; (ii) for example, D, D, D, for example, dviet, wood, announcement, electricity, board, engine, tamp, tegrgrative, tegrative, rooftop waterproof, Acry (muff), boiler, scke pipes, etc.

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