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(영문) 광주고등법원 2016.03.25 2015나778

공사대금

Text

1. Of the judgment of the court of first instance, the Plaintiff Co., Ltd., which is equivalent to the following additional payments.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is that of the corresponding part of the reasoning of the judgment of the court of first instance (However, among them, the term “Plaintiff Daecheon Development” is entirely different from that of “Plaintiff Kimcheon Development”), and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The allegations by the parties and the determination thereof

A. Since the Plaintiffs’ general assertion that the construction work of this case was executed or disbursed as follows, the Defendant is obligated to pay KRW 822,280,000 to Plaintiff Kimcheon Development for the repayment of the construction cost or the expenditure cost, and KRW 300,040,000 to Plaintiff Ssung Development for 300,000 and delay damages therefor.

1) Plaintiff Kim Development: 822,280,00 won for third-class reinforced concrete works: 240,130,00 won [2,256,40,000 won] ¡¿ 50% (the defendant's share ratio)-8,070,00 won for fourth-class works. < Amended by Presidential Decree No. 252,750,00 won. 329,40,400,000 won for fourth-class works: 300,000 won for third-class works: 30,725,000 won for second-class reinforced concrete works: 20,725,000 won for second-class works [2,072,500, 500 won for second-class works] 】 50% of the contract price for fourth-class works. < Amended by Presidential Decree No. 173050, Mar. 1, 2005>

B. Determination 1) According to the above basic facts, the Plaintiffs completed each of the above construction works according to the contract with the Defendant and the Newjin Construction Division, according to the following basic facts: (a) from among the existing subcontracting works in the instant case, the third soil works, the second reinforced concrete construction works, and the second stone construction costs; and (b) the Defendant completed the said construction works.