(영문) 대구지방법원 2015.10.21 2015나5871 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.10.21 2015나5871

물품대금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion was ordered by the Defendant’s Director at the site of September 2013, and entered into a contract with the Defendant and set up a door on the multi-household D (hereinafter “instant construction”) site in Daegu-gu, Daegu-gu, the Defendant newly constructed, but did not receive 4,455,00 won up until now. As such, the Defendant is liable to pay the said unpaid price and damages for delay.

2. Determination

A. In full view of the purport of the entire pleadings, the following facts are acknowledged in the statement No. 1.

1) The Defendant, in Daegu-si, Dong-gu, and Dong-gu, and three parcels on the ground, built a multi-household housing construction work. The Plaintiff prepared a statement of account that the Plaintiff remains 4,455,000 won out of the installation cost of the fire doors, etc. at the construction site of this case. On August 30, 2013, the Plaintiff issued a tax invoice of KRW 4,070,000 in total as the supplier, and as the recipient, issued the tax invoice of KRW 4,070,000 in total.

3. The Plaintiff, on January 13, 2014, awarded a contract with the Defendant for the construction work of metal amounting to 11,455,00 won during the instant construction work from June 10, 2013.

8. Even after completion of the construction up to 30.30, the Defendant sent to the Plaintiff a certificate of content that the Defendant would not pay the Plaintiff the remainder of KRW 4,455,000, excluding the remainder of KRW 700,000.

B. However, in light of the following facts or circumstances acknowledged by the purport of the entire pleadings as a result of fact-finding with respect to the head of Daegu Regional Employment and Labor Office of the first instance court, the entry of Eul evidence Nos. 1 through 6 (including the number of branch numbers) and the fact-finding with respect to the head of Daegu Regional Employment and Labor

The facts of recognition and evidence Nos. 2 and 3 alone, as alleged by the Plaintiff, concluded a contract with the Defendant and set up a door at the construction site of this case.

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