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(영문) 수원지방법원 2018.08.30 2017나87265
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked, and that part.

Reasons

1. (1) On June 2, 2015, the Defendant (owner) obtained a building permit for one unit of one unit of two-story detached houses located in the Shinsi-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si, and on June 5, 2015, the construction period of the said construction work (hereinafter “instant construction”) from June 9, 2015 to September 9, 2015, the construction period of the said construction work for the Plaintiff, who is the construction business entity, was determined and contracted as 10 million won (value-added tax, value-added tax, value-added tax, KRW 40 million after the completion of the framework construction, and KRW 30 million after the completion of the aggregate construction).

(2) On June 9, 2015, the Plaintiff commenced the instant construction work, and the Defendant reported the commencement of construction to the head of the Si/Ma-si Si/Ma-si on July 13, 2015.

During the process of the instant construction, the original and the Defendant agreed to directly execute part of the instant construction works, such as reinforced soil construction, sewage and drain pipes construction, and access roads construction (hereinafter “direct management construction”), and accordingly, to reduce the construction cost directly from KRW 140 million for the said construction cost (hereinafter “instant reduction agreement”) (hereinafter “instant construction cost”).

(3) The Plaintiff completed the instant construction, excluding direct construction, and issued to the Defendant a waste measurement certificate, a notice of approval for employment and industrial accident insurance, a payment receipt of insurance premium, a free test report, a certificate of supply of heat materials, and a certificate of completion inspection of wastewater treatment facilities, etc. by September 30, 2015.

(4) The construction cost of the instant construction project performed by the Plaintiff is calculated as KRW 120,801,600 (excluding value-added tax) as follows. The construction cost of the construction project directly operated by the Plaintiff at KRW 140,000,000 is not a method of reducing the construction cost of the construction project directly operated by the Defendant, but rather a method of reducing the construction cost of the construction project from KRW 140,000,000,000.

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