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(영문) 수원지방법원 2016.06.29 2015나27306

양수금

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. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: “No. 27, 201.11.27”; “No. 6, Dec. 21, 2013.” “No. 2013.12.” “No. 21, 2013.12.” “No. 21, 2013.”; “the price for construction work” in the No. 19, No. 13, “the cost for construction work”; and “the price for construction work” in the No. 15, No. 7 through No. 12 shall be deemed as the price for construction work; and the same shall apply to the reasons stated in the judgment of the court of first instance, except for the following:

2. Furthermore, the Defendant asserts that the Defendant is liable to pay the Plaintiff KRW 6,400,000 remaining after deducting KRW 57,600,000 for the construction cost that the Defendant paid to B for the said construction cost from KRW 64,00,000 for the Plaintiff’s subcontracted construction cost (AIR-1 E-1 E-1, within the facility construction cost) out of the instant subcontracted construction cost to B.

According to the evidence No. 10-1 through 4, 11-1 through 3, 49-1 through 3, and 49-3 of the evidence No. 10-1, the defendant paid to B the total amount of KRW 57,600,000 (the fifth progress payment of KRW 44,80,000,000 on July 4, 2012, the sixth progress payment of KRW 12,80,000,000 on August 30, 2012, each of which was not modified or modified, and one of which was paid to B).

However, the part subcontracted by the Plaintiff is the supply and installation works of the Ecom presses and ancillary facilities among the instant contract construction works, which include not only the supply of Ecom presses but also the installation of Ecom presses. However, it is difficult to view that “the cost of Ecom presses 1”, which includes the cost of installation and value-added tax, is the total cost of construction for this part.

In addition, the execution of the instant contract between B and the Defendant as seen earlier, and the details and contents of the design modification, accompanying documents, and construction cost.