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(영문) 서울북부지방법원 2020.07.07 2019나35368
공사대금
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. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing signboards and advertisements.

B. On March 23, 2017, the Defendant planned to carry out remodeling works on the telecom building (hereinafter “instant remodeling works”) in relation to C, etc. after purchasing (Eel) the land and the building constructed on the land of the Daejeon Seo-gu World Trade Organization D and its ground.

C. On April 6, 2017, the instant remodeling project commenced on or around July 2017, and the Plaintiff concluded to receive a contract for the production and installation of advertisements and signboards (hereinafter “instant advertisement works”) among the instant remodeling projects, which were executed by the police officer during July 2017, and began the construction after receiving KRW 5,000,000 from the Defendant on July 18, 2017 without preparing the contract for the instant advertisement works.

The Plaintiff completed the instant advertisement work in August 2017, which was executed by the Defendant, C, etc. under specific orders on the advertisement work of this case, such as receiving decisions on the types, shapes, etc. of signboards and entrances.

E. Although the construction cost of the instant advertisement construction was KRW 20,00,000 (including value-added tax), the Plaintiff increased the construction price to KRW 23,042,525 (including value-added tax) due to partial changes in the construction of the instant advertisement construction, additional construction, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, 17, 22, Eul evidence 2 (including each of the several numbers) and the purport of the whole pleadings

2. The plaintiff asserted that the defendant was awarded a contract for the advertisement construction of this case by the defendant, and the defendant merely awarded a contract for the whole remodeling construction of this case to C and agreed with the plaintiff or its representative about the construction contents and construction amount of the advertisement construction of this case with the owner of the building knowing that the plaintiff or its representative was an employee of C or a subcontractor from C.

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