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(영문) 서울동부지방법원 2018.10.10 2018나21977

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On October 8, 2015, the Plaintiff entered into a contract with the Defendant for completing a studio self-reliance retaining wall (civil works) construction (including value added tax) among the relocation construction work contracted by the Defendant to KRW 225,500,000 (including value added tax) from August 8, 2016 to September 7, 2016, and the said construction cost shall be determined as 225,50,000 won (including value-added tax) in the separate sheet of calculation in preference to the contract amount corresponding to each name in the separate sheet of calculation in advance. If there is an increase or a decrease in the quantity of construction after the completion of construction, the Plaintiff agreed to settle the price without a unit price fluctuation (hereinafter “instant construction contract”). The main construction work content is to make 28 excavated joints by inserting the ceiling air and the compact and to put the excavated file into the public, and then to set up the studs, and then to set up the studs, with the string.

B. After that, the Plaintiff created six additional excavation hole to the Defendant, but the Plaintiff had to bear the costs of such excavation.

C. The Plaintiff, at the construction site of this case, inputs of fishery fish board (ED-420E), compcomers, and ready-mixed vehicles, etc., which are the cost of the construction site of this case, and carried out the construction of this case through D and two work operators employed by the Defendant. During the construction work of this case, H files were installed by the Defendant, and earth plates were installed by the Defendant, and earth plates were installed by the Defendant, and refrats were removed by the pumps invested by the Defendant. Refrats in the river space was used by the Defendant. The refrats in the H file upper part were used by the tools, such as the female shock day, etc., provided by the Defendant. The Defendant’s moving of the materials at the construction site of this case was used. D.

The Plaintiff completed the instant construction work on September 5, 2016, and received KRW 88,00,000 from the Defendant on September 30, 2016.

E. The Plaintiff’s instant case on October 5, 2016.