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(영문) 서울남부지방법원 2021.01.15 2019가단208261

공사대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In light of the summary of the claim, the facts that the Plaintiff was awarded a subcontract by means of field labor cost contract with the Defendant and the Plaintiff was suspended in the course of construction from December 2017 to June 2018 can be acknowledged by taking full account of the overall purport of the pleadings as set forth in the evidence No. 2-1, No. 2, evidence No. 1-1, and No. 1-2, and No. 2.

The Plaintiff asserts that the construction cost corresponding to the part constructed by the Plaintiff is KRW 104,280,00, KRW 277,358,000, KRW 393,353,00 in total, and KRW 351,782,528 in total, and the construction cost paid by the Defendant is KRW 351,782,52.

In addition, as the plaintiff could not maintain the accommodation leased for a period of one year due to the defendant's unilateral suspension notice, the plaintiff suffered losses in full due to the deduction of the amount equivalent to the rent for the remaining six months, and the deposit amounting to 5,500,000 won.

Appellants and claims KRW 5,500,000.

2. As to the claim for construction price

A. The plaintiff asserts that the construction cost of the above construction portion is KRW 104,280,000, and the defendant asserts that the construction cost of the above construction portion is KRW 103,200,000.

The plaintiff's 152 floor, the defendant's 150 floor, and the 148 floor, the plaintiff's 148 floor, and the defendant's 144 floor are different. According to the appraiser D's appraisal, according to the result of appraiser D's appraisal, the 152 floor can be recognized as the 152 floor, and according to Eul's evidence No. 5-2, the 145 floor is recognized as the 145 floor.

Therefore, the construction cost of the part of the construction is recognized as KRW 103,980,00,000 for the construction cost of the corresponding second floor of piping 103,200,000 for the defendant's alleged construction cost, plus KRW 100,000 for the corresponding construction cost of the corresponding second floor of pipe 340,000 for each pipe x 2 floors, and KRW 103,980,00 for each pipe 10,000 for the corresponding construction cost of the corresponding floor.

B. The plaintiff of the construction cost of the fire-fighting unit in the fire-fighting unit shall pay the construction cost to the plaintiff.