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(영문) 광주지방법원 2018.01.11 2016나57112
공사대금
Text

1. The judgment of the first instance, including the claims expanded and reduced in this Court, shall be modified as follows:

Reasons

(b) the facts of the basis;

A. On May 29, 2012, the Defendant entered into a subcontract with the Easternern Team Co., Ltd. (former trade name: Eastern Marine Co., Ltd.; hereinafter referred to as the “Dongcheon Team”) with the cost of construction KRW 50,000,000 among the construction works for new apartment on the surface of 25 lots, Gwangju Northern-gu E and 25 lots of land.

(hereinafter “B apartment hold construction”). Of the estimate statement of the apartment hold construction project, the parts related to the electric room expansion project, which is conducted after the completion of the construction, are as follows:

The size and quantity of the separate location (cost) 1000*2200*2200*285 235 22,090,000-1 27-1,000 200*2200*2200*285 35,290,000 36 100*2200*2200*295 1605 160,000 total 40,420,000

B. While the Plaintiff was re-subcontracted for the installation of a wooden mold and a wooden even with the lower court, the Plaintiff, the Defendant’s site manager, with respect to the extension of the electric room from C, the Plaintiff was entrusted with the construction of re-subcontracted with the lower court’s construction of the electric room (i.e., the lower court’s construction of the wooden mold and the wall, (ii) the dance of the Plaintiff’s installation, (iii) the construction of the damaged erogate while rebuildinging the wooden hold, and (iv) the installation of the entrance door dancing and the installation of the outdoor entrance (hereinafter “each of the instant construction”). On November 2013, the Plaintiff completed each of the instant construction.

C. The construction cost of each of the instant construction works is 20,113,490 won in total (i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., ch

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 3, and 5 (including paper numbers; hereinafter the same shall apply), witness C of the first instance trial, witness D of the first instance trial, appraiser F of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. Each of the instant construction works claimed by the Plaintiff is not included in the B Apartment Ho Ho Construction subcontracted by the Defendant to the Easternern Team, and is via C, the Defendant’s site manager.

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