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(영문) 창원지방법원 2016.10.13 2015나36390
공사대금
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. Facts of recognition;

A. C On March 5, 2011, the Defendant: (a) the construction work for the new construction of the 320,970,000 construction work cost (=2,30,000 the 320,970,000 construction work cost; hereinafter “the 1st construction work”).

) The cost of the 244,970,000 Won 2,300 2,30 room 8 interior rooms (hereinafter “the second construction”).

(2) The amount of KRW 76,000,000 was received.

B. While the instant secondary construction was not carried out during the instant primary construction, the Plaintiff agreed to withdraw from the existing contractual relationship between the Defendant and C on July 23, 2011 (hereinafter “instant construction”) for the construction cost of KRW 109,790,000 for the remainder of the Plaintiff (i.e., the remainder of the instant primary construction cost of KRW 33,790,000), and for the construction period from July 25, 201 to August 15, 201, and C agreed to withdraw from the existing contractual relationship.

C. On March 3, 2012, the Plaintiff renounced KRW 20,540,00 equivalent to the Plaintiff’s profit out of KRW 109,79,790,000 for the instant construction work. The Defendant does not demand the Plaintiff to pay the remainder of the toilet construction work, such as external toilet construction work, and repair of defects in the future. The Plaintiff shall pay KRW 89,250,000 for the total construction cost or material cost to be paid to 11 companies that are subcontractors or material suppliers. The Plaintiff directly paid KRW 89,250,00 for the Plaintiff’s KRW 12,70,000 for KRW 3 G 4,350,00 for KRW 412,00 for KRW 15,00,00 for KRW 5,000 for KRW 60,000 for KRW 30,000 for KRW 300,300 for the instant construction work cost.

(hereinafter “Agreement on Settlement of Accounts of this case”). 【The ground for recognition of this case’s settlement of accounts, without any dispute, Gap’s 5 through 17, 27, 30, entry of Eul’s 3, 7, and 9, witness L of the first instance court, testimony of the first instance court, and the purport of the whole pleadings.

2. The defendant's summary of the plaintiff's assertion is the price after consultation with the subcontractor or material supplier of the plaintiff.

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