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(영문) 부산고등법원(창원) 2016.10.06 2015나970

공사대금

Text

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

Reasons

1. Basic facts

A. Around April 6, 2012, the Plaintiff entered into a construction contract with the Defendant for the extension of livestock penss on the land C, E, and F, Syang-si.

The construction cost is KRW 86,800,000 (=248 square x 350,000 per square x 350,000 per square x). 20,000 won during the construction, the remainder of 66,80,000 won was determined to be paid at the same time as completion.

B. On January 13, 2013, the Plaintiff and the Defendant added part of the construction contract to the original construction work, and changed as follows.

(1) The site is changed to “C, E, G, H, and I”; (1) The details of the construction and the work cost are “(i) 83,30,00 won per square meter (238 square meter x 350,000 won per square meter; and (ii) 5,60,000 won per square meter (28 square meter x 280,000 won per square meter); (iii) 13,328,000 won per square meter (47 square meter x 280,000 won per square); and (4) 20,000,80,000 won per square meter and 7,820,820,000 won per square meter and 7,820,000 won per square meter; and (5) 3,000,000 won per square meter, 60,0000 won per square meter per square meter; and (7) 36,001,605,000.

C. On August 3, 2012, the Defendant paid the Plaintiff KRW 35,00,000,000, in total, KRW 28,5,000 on September 28, 2012, and KRW 15,00,00 on January 13, 2013.

Details of additional construction works: (a) 22,050,000 North-west warehouse of KRW 3,848,371 South-west 3,800,000,000 (130m) pents (130m) 3,323,937, 45,636,308 won in total, of KRW 1,194,000 for old stable storage facilities, among front storages of KRW 5,60,00 for 5,636,308 won in total;

D. The Plaintiff extended the main bond and the North Korean warehouse.