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(영문) 대구지방법원 2020.10.14 2019나308073
공사대금
Text

1. Of the judgment of the court of first instance, KRW 6,640,000 against the Plaintiff and its related thereto, from November 8, 2017 to April 23, 2019.

Reasons

Basic Facts

On January 26, 2016, the Defendant leased three floors among the instant buildings to Yongcheon-si, the owner of the land C and the third floor buildings above the ground (hereinafter “instant building”).

D The third floor of the building of this case was entrusted to the friendly job offering plaintiff, and the plaintiff agreed to receive KRW 200,000 per day as his personnel expenses and KRW 100,000 per day as his personnel expenses, and KRW 120,000 per day as his personnel expenses for the friendly job offering and agreed to receive KRW 120,000 per day as his personnel expenses.

During the period from May 4, 2016 to March 8, 2017, the Plaintiff: (a) performed the construction of the third floor of the instant building (hereinafter “the third floor toilet”) and the second floor toilet (the second floor toilet and the third floor toilet) for 52 days (hereinafter “the second floor toilet”). D transferred KRW 2,00,000 to the Plaintiff’s account as part of the price for the first floor construction. The Defendant requested the Plaintiff to undertake remodeling of the first and second floor of the instant building after the first construction; and (b) the Plaintiff, for 56 days from April 13, 2017 to July 5, 2017, 209, during the period from July 5, 2017, the Plaintiff used the indoor toilet and the first floor toilet (hereinafter “the second floor toilet”).

On May 15, 2017, E, the Defendant’s husband, remitted the total of KRW 7,000,000,000 to the Plaintiff’s account on June 6, 2017, and KRW 7,00,000,000, as part of the price for the secondary construction.

F, who participated in the second construction, failed to receive personnel expenses for 19.5 days during the second construction (i.e., 19.5 x 120,000 won) and sought payment from the Plaintiff (i.e., the Daegu District Court) (i., the Youngcheon City Court 2018Gaso604). A performance recommendation decision as to the details of the claim was made on March 15, 2018. An application for provisional attachment of the Plaintiff’s claim for the payment of the construction cost against the Defendant with the preserved claim (Ucheoncheon District Court 2018Kadan51, the Daegu District Court 2018) was made on March 16, 2018.

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