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(영문) 수원지방법원 2015.05.21 2014나39999
물품대금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The facts of recognition, around April 2013, the Plaintiff, from the father C of the Defendant who represented the Defendant, performed the construction of the roof, window-ho, and fish-style construction (hereinafter “instant construction”) of the two new buildings in Ansan City D and E-ground (hereinafter “instant building”). The Defendant from April 4, 2013 to the same year.

7. Between 23 and 23, the Plaintiff paid a total of KRW 20,000,000 to the said construction cost.

[Ground of recognition] Unsatisfy, entry of No. 4 (including a serial number), the purport of the whole pleadings

2. Amount of the unpaid construction cost;

A. The plaintiff asserts that the main points of the plaintiff's assertion are 29,633,780 won (14,816,890 won x 2) stated in the written estimate for construction of this case and the remaining amount after deducting KRW 700,000,000 agreed to be borne by the plaintiff out of the total amount of the mid-to long-term additional costs (1.6 million won) and the roof steel frame personnel expenses (1.5 million won).

In this regard, the Defendant determined the instant construction cost as KRW 24,00,000 between the Plaintiff and the Plaintiff. The Plaintiff promised to execute the instant construction work without receiving the personnel expenses of roof framed and Mammy work, and the said Mammy Work, as the Defendant purchased materials, claimed that the said Mammy Work should be deducted from the personnel expenses of the said construction work (5,00,000 won).

B. The following circumstances, i.e., the Plaintiff and the Defendant did not prepare the instant contract regarding the instant construction work, and the construction work was conducted based on a written estimate prepared by the Plaintiff by arranging the specifications, quantity of materials, material cost, labor cost, etc. for each construction work, and the Plaintiff and the instant construction work. The Plaintiff and the instant construction work were conducted based on a written estimate prepared by arranging the specifications, quantity of materials, material cost, labor cost, etc. for each construction work.

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