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(영문) 부산지방법원 2020.01.08 2019나54351

공사대금

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.

Reasons

1. Basic facts

A. A. Around May 2018, the Plaintiff received a subcontract for wooden works from the Defendant during the structural construction of the building in Yangsan-si (the third floor and rooftop floor above the ground). The construction cost was to be paid KRW 300,000 per annum or KRW 230,000 per unit depending on the size of the Plaintiff’s work, or on the number of persons that the Plaintiff invested in the work.

(2) The Plaintiff completed the work of installing a cryphouse, dismantling concrete straw, and dismantling cryp according to the above agreement.

(3) The Defendant paid KRW 36.64 million to the Plaintiff regarding the construction work at the mass production site.

B. On the spot of the articles of incorporation (1) The Plaintiff was awarded a subcontract for a wooden construction work from the Defendant during the framework construction of the D building (the third floor above the ground) in the field of mass production, and the payment conditions are the same as the above mass production site.

(2) Under the aforesaid agreement, the Plaintiff suspended the work while continuing to run up to 50%, while the part on the first floor of the building was 90% high height, the part on the second floor was 80%, and the part on the third floor was 50%.

(3) The Defendant paid 1,8540,000 won to the Plaintiff regarding the construction work at the site of the above Articles of Incorporation.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3's statements or images, the purport of the whole pleadings

2. The assertion and judgment

A. The part of the mass production site (1) is about the size or input of the construction project performed by the Plaintiff at the above site.

① According to the statements or images of Gap 6 and 8 for the first, second, and third floor of the above on-site building, the fact that the sum of the area is 114 square meters (38 square meters for each floor) is recognized.

② In the case of the rooftop floor of the above on-site building, the Plaintiff alleged that he was paid the construction cost corresponding to 26.6 square meters (i.e., 38 square meters x 0.7) of the other floor. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, thereby recognizing the construction cost corresponding to 19 goods that the Defendant is the applicant.

(2) The Plaintiff invested or invested KRW 300,000 per square meter of the area that the Defendant performed the construction work.