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(영문) 서울서부지방법원 2020.08.07 2019나36145
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff runs a construction business, such as steel works, with the trade name of “C”, and the Defendant runs a construction business, such as painting, painting, and interior work, with the trade name of “D” (the actual operator is the Defendant-friendly E).

B. Upon receipt of a request from the Defendant to F Corporation (hereinafter “F Corporation”), ② G Corporation (hereinafter “G Corporation”), ③ Daegu H Corporation (hereinafter “Tgu Construction”), the Plaintiff undertaken each of the instant construction works from November 2016 to February 2, 2017 upon receipt of the request from the Defendant for each of the instant construction works.

C. On March 31, 2017, the Plaintiff sent a written estimate (hereinafter referred to as “F quotation”) dated January 11, 2017, the construction cost of which is KRW 12,950,00 (excluding value-added tax; hereinafter the same shall apply) to the F Corporation, the director of the Defendant Company’s division, who was in charge of the construction site, to the F Corporation, using the said written estimate (hereinafter referred to as “G quotation”) dated 20, 2016, the construction cost of which is KRW 6,590,000, with respect to G Corporation, and Daegu Corporation’s written estimate (hereinafter referred to as “G quotation”) with the construction cost of KRW 20,790,000, March 31, 2017 (hereinafter referred to as “Tgu quotation”). In full view of the said written estimate, the Plaintiff sent the said written estimate to Kao Stockholm messages.

Meanwhile, on December 23, 2016 and on December 24, 2016, the Plaintiff sent the first quotation on F and G Corporation to e-mail and Kakakao Stockholm messages. On January 21, 2017, the Plaintiff sent the last quotation on F and G Corporation’s construction works, and then sent the note and each of the instant estimates, etc., indicating the construction contents, to Kakao Stockholm messages by March 31, 2017.

E. On January 26, 2017, after sending a final estimate on F and G Corporation to J, the Plaintiff becomes the head of the team on three occasions during the period from February 28, 2017 to March 9, 2017, stating that “I will request the settlement of the head of the team during the period from February 28, 2017 to March 28, 2017,” and “I will have the head of the team on March 24, 2017.”

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