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(영문) 의정부지방법원 2019.12.19 2019나200370
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1, 2, 6, 7, and 10 through 13, the plaintiff was awarded a contract from the defendant for the construction work to the restoration of 11,160,000 won for the first construction work (i.e., the additional construction work cost of 9,900,000 won) (i., the first construction cost of 1,260,000 won). It is recognized that the plaintiff completed the construction work of this case from June 7, 2017 to June 7, 2017 (the defendant's spouse is the party to the contract of this case). However, according to each of the above evidence, the plaintiff asserted that the commercial building of this case is the defendant's ownership, and the plaintiff sent a written estimate, etc. as to the construction work of this case to the employees of the company operated by the defendant, the party who contracted the construction of this case is the defendant).

Meanwhile, the Plaintiff is entitled to deduction of the non-construction cost of KRW 984,00 (i.e., the non-construction cost of KRW 189,000) (i.e., the non-construction cost of KRW 135,000) from the non-construction cost of KRW 135,00 (i.e., the non-construction cost of the floor) (i., the non-construction cost of KRW 660,00). In addition to the portion of the Plaintiff’s owner, the Defendant asserts that the non-construction cost of the non-construction cost of KRW 200,00 (i.e., the non-construction cost of the non-construction cost of the floor), (ii) non-construction cost of the construction cost of KRW 10,176,00 (i.e., the non-construction cost of the non-construction cost of KRW 160,00), and (iii) the Defendant is obligated to pay damages for delay to the Plaintiff, barring special circumstances.

2. Judgment on the defendant's defense, etc.

(a)the termination of a claim for the construction cost due to the payment of the tenants;

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