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(영문) 서울고등법원(춘천) 2016.11.09 2016나412

공사대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The reason why our court should explain this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the same content as that of Paragraph (2) after the 7th judgment of the court of first instance, since it is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article

In addition, the architect J, who was in charge of design and supervision related to the construction of the instant building, was present at the court of first instance as a witness, and at the time of the construction of the instant building, knew that the construction cost per page of the instant reinforced concrete structure building identical to the instant building at the time of the construction of the instant building was incurred from KRW 3 million to KRW 3.5 million. In light of the foregoing, the instant construction cost ought to be much more than KRW 550,000,000, and testified consistent with the Plaintiff’s assertion.

9) A witness G of the trial at hand entered into a subcontract with the amount equivalent to 90% of the cost of the original construction as a subcontract amount. A witness G of the trial at hand had been awarded the instant construction contract at KRW 468,00,000, which is equivalent to KRW 520,000,000, which is the amount equivalent to KRW 90,000, which is the amount equivalent to KRW 550,000,000, which is the amount equivalent to KRW 550,000,000, which is the amount equivalent to KRW 550,000,000, which is the amount of the instant construction contract.

However, according to the evidence Nos. 9-1, 2, 3, and evidence Nos. 10-1, 2, 3, and 11-1, 2, and 3 of the evidence Nos. 9-1, 10-1, 11-2, and 3, G was awarded a lump sum subcontract from the Plaintiff for the K construction cost of KRW 103,481,000 on July 22, 2013; the subcontract for the construction cost of KRW 123,704,80 on July 22, 2013; the subcontract for the construction cost of KRW 83,050,000 on a lump sum; the subcontract for the construction cost of KRW 61,567,00 on December 11, 2013 is clearly below the subcontract price of KRW 45,100,00 on KRW 40,00 on the basis that the subcontract amount of KRW G construction is clearly below the subcontract price of KRW 160.