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(영문) 서울남부지방법원 2016.09.02 2016나51328

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 2013, the Plaintiff supplied sewage to the Defendant and completed construction works around November 13, 2013, among the Jeju-si New Airport Construction Works that the Defendant received from ENC in 2013, each apartment house (32 square meters, 26 square meters, 278 households), and the underground parking lot construction works for each building (15 units), the building construction works for the building building, the building building construction for the elderly, the building construction for the elderly, and the roof floor construction works (hereinafter referred to as “the instant unused construction works” in combination).

B. On November 22, 2013, the Defendant paid the Plaintiff the sum of KRW 67,50,000,000 to the instant construction cost, and the Plaintiff, at the time of receiving the last seven million won payment from the Defendant, prepared and issued a receipt that “the Defendant received the completion of the lower floor and underground parking lots, its affiliated buildings, and its underground construction wages” (hereinafter “the instant receipt”).

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1, purport of whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) among the instant unregistered construction works, each apartment house construction project is contracted by a unit price method with a unit price of KRW 1,300 per square meter. The remaining construction works entered into a contract by the daily method with the content that the daily work cost is paid by multiplying the daily work cost by the number of working days.

The price for the construction work for each apartment house of this case calculated by unit price method is 65,401,700 won [52 square meters (32 square meters (8.54 square meters) x 332 households] [26 square meters (26 square meters x 73.56 square meters x 278 households] 465 square meters in storage base x 50,309 square meters x 1,300 won). The remainder of the construction work cost is 26,214,00 won, and the total construction cost to be paid by the Defendant is 91,615,700 won (= 65,401,700 won).

The Defendant paid only KRW 67,500,000 among the total construction cost, and the Plaintiff prepared the instant receipt to the effect that the wage was paid out of the total construction cost of the instant case. As such, the Defendant only prepared the receipt to the effect that the wage was paid out of the total construction cost of the instant case. As such, the Defendant paid the remaining construction cost of KRW 24,115,700 = 91,615,70