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(영문) 대구지방법원 2017.04.27 2016나9078
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who runs the construction business under the trade name of “C” (the Plaintiff is a person who lends his/her business name to another person and actually runs the construction business under the trade name of “C”), and the Defendant is the owner of the F Ground Housing in North-gu, North Korea (hereinafter “instant Housing”).

B. On December 2, 2013, the former husband E (hereinafter “E”) paid KRW 2,00,000 to the Plaintiff.

C. On May 27, 2015, the Plaintiff: (a) obtained a claim for construction cost of KRW 54,760,000 from March 16, 2013 to June 20, 2014 to the Defendant for remodelling the instant housing; and (b) received payment of KRW 2,00,00 from E, and thus, (c) obtained payment of KRW 52,760,00 from E, and (d) obtained the instant content certification.

Serial No. 54,760,00 won (based on recognition) in total of KRW 16,260,000 as of December 2, 2013, 2013, the construction cost of which was not entered 13,180,000 on March 28, 2013, 201, and KRW 4,500 on July 10, 2013, 3200, which was not entered 20,820,000 on December 20, 2013. The fact that there is no dispute over the construction cost of KRW 54,760,00 (based on recognition) in total, KRW 16,260 on June 20, 2014, and KRW 54,760,00 on June 20, 2014

No. 1 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion and D are entitled to only the cost of construction between the Defendant and E, and the following construction works regarding the instant housing (hereinafter “instant construction works”).

) A contract under which the contract is to receive (hereinafter “instant contract”)

(1) On December 2, 2013, when concluding the instant construction and completing the instant construction, the Defendant received KRW 2,00,000 out of the total construction cost of KRW 36,532,390,000, and thus, the Defendant is obligated to pay the Plaintiff the payment of KRW 34,532,390 (i.e., KRW 36,532,390 - 2,000,000 and damages for delay.

On July 2013, 4500,000 Won 2.4,500,000 of the construction cost.

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