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(영문) 서울남부지방법원 2015.05.29 2014나55333
공사대금 등
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 shall be revoked.

Reasons

1. On March 2013, the Plaintiff was awarded a contract with the Defendant for the E-Maart Construction Work in D (hereinafter “instant Construction Work”), which is located in D, for underground floor liquid waterproof construction, underground floor water leakage track construction work (hereinafter “base floor construction”) and the ground-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-land-to-date construction work, respectively.

[Reasons for Recognition] Unsatisfy, F’s testimony of witness of the first instance trial, the purport of the whole pleadings

2. Determination as to each claim for construction cost

A. 1) As the Plaintiff was awarded a contract for construction of underground floor from the Defendant during the instant construction, the Plaintiff agreed to receive KRW 5,00,000 per 1 square meter per 1,664 square meter of expenses, such as personnel expenses, material expenses, and food expenses, and KRW 5,00,000 per 1 square meter of the floor area of underground floor (i.e., 664 square meters x 5,000 square meters), and completed the said construction until May 9, 2013. [The grounds for recognition] In the absence of dispute, the Plaintiff’s assertion 2] The purport of the entirety of the pleadings is as follows: (i) the Plaintiff’s payment details of expenditure (i.e., evidence No. 3) in order to perform the construction of underground floors, and (ii) the Plaintiff’s payment of KRW 16,451,146 in total as well as the expenses of the said materials, and thus, has a duty to pay KRW 1,861,00 won to the Plaintiff.

3) In full view of the purport of Gap evidence 7-1 through 4, 10-1, 2, and 12-1, 12-1 through 9-9, and the purport of testimony and oral argument by the witness F of the first instance trial, with respect to the construction of underground floors, the plaintiff's amount of 410,300 won as listed in the following table among the attached disbursement details concerning the construction of underground floors and the amount of 1,861,00 won for additional materials other than 1,861,00 won for the construction of underground floors (won) shall be 21,30,000 processed steel products on March 15, 2013 and 19,50,000 as of March 15, 2013; 30,000 processed steel products on March 16, 16, 2003; 30,000 won on March 16, 2013; 30,37,01300.

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