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(영문) 수원지방법원 2015.07.23 2014나22168

공사대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant entered into a subcontract with the Plaintiff on October 10, 201 with respect to the foregoing construction work from October 10, 201 to November 30, 201 (excluding value-added tax) with a construction period of KRW 89,700,000 (hereinafter “instant subcontract”) from Hyundai Industrial Development Co., Ltd. (hereinafter “former Industrial Development”). The construction volume is KRW 450 square meters, KRW 130,00 per one square meter, and the construction price is KRW 130,00 per one square meter, and the Plaintiff agreed to settle the said construction work according to the changed quantity, if there is an increase or a decrease in normal quantity.

B. From November 25, 201 to March 29, 2012, the Defendant paid the Plaintiff KRW 71,500,000 in total as construction cost under the instant subcontract agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion is 740 square meters in total, including fish learning 439 square meters and 301 square meters in total. The construction cost is 105,820,000 square meters (740 square meters x 130,000 square meters x 1.1). The Defendant paid KRW 71,500,000 as the construction cost. As the Defendant paid KRW 34,320,000 as the remainder of the construction cost, the Defendant shall pay the Plaintiff the remainder of the construction cost. 2) The Defendant’s assertion that the volume constructed by the Plaintiff pursuant to the instant subcontract is 50 square meters in total, including 265 square meters in total, 235 square meters in total, and the construction cost is 71,500,000 square meters in total, 500,000 square meters in total x 11,000 square meters in total.

B. 1) Determination 1) The Plaintiff’s volume constructed pursuant to the instant subcontract, as well as the purport and purport of Gap’s evidence Nos. 2 through 4, and Gap’s evidence Nos. 8 through 11 (including paper numbers).