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(영문) 대구지방법원 2018.06.27 2017나10181
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,500,000 and its interest on June 13, 2017.

Reasons

1. Basic facts

A. On April 9, 2017, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant, the client, as a construction business operator for the following reasons.

The construction site: The construction site of Daegu Seo-gu Clla 502: Indoor interior interior interior decoration, such as double-lag and decoration.

B. From April 12, 2017 to April 14, 2017, the Plaintiff continued construction works under the instant construction contract, and the Defendant paid the Plaintiff KRW 3 million in total as the construction price.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. 1) The parties' assertion as to the cause of claim 1) The plaintiff argued that since the construction cost in the construction contract in this case agreed to be KRW 3.5 million in total and KRW 4.5 million in total, the defendant should pay the plaintiff the construction cost unpaid to the plaintiff. The defendant asserted that ① the plaintiff did not complete the construction work under the construction contract in this case, ② the construction cost was KRW 3 million in total, but the plaintiff was 1 million in total at the time of estimation, but the cost of moving within 502 inside the construction cost was 5.0 million in total. The plaintiff's defect that the plaintiff could not move from the plaintiff to the plaintiff was able to consult with the tenant within 5.02, and the construction cost was paid to the plaintiff more than KRW 3 million in total and the construction cost cannot be paid to the plaintiff under the construction contract in this case. The plaintiff's assertion to the purport that the construction cost cannot be paid to the plaintiff under the construction contract in this case's total and 300,000 won in total.

Next, each entry of Gap evidence Nos. 1 through 4 with respect to the construction amount.

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