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(영문) 수원지방법원 2020.07.23 2019나2336
공사대금
Text

The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked.

Reasons

1. Facts of recognition;

A. On June 24, 2014, C awarded a contract to D for the new construction of “F” on the ground of Gyeonggi-gun E and four parcels (hereinafter “instant new construction project”) to KRW 1.8 billion for the construction cost (excluding value-added tax), and C entered into a contract with G Co., Ltd. (hereinafter “G”) on August 20, 2014 at D’s request by setting as the contractor G for the instant new construction project as the contractor, the construction cost of KRW 1.82 billion for the new construction project, and the expected date of completion as March 31, 2015.

After that, G and C changed the construction cost of the instant new construction on March 30, 2015 to KRW 1.777 billion, and the expected completion date on November 30, 2015.

B. On March 10, 2015, C concluded a contract with the Defendant on May 10, 2015, setting the construction cost of KRW 581,612,00, and the expected completion date of completion as the construction cost of the said “F” (hereinafter “instant construction”).

After that, on May 8, 2015, the Defendant and C changed the construction cost of the instant construction to KRW 629,012,00,000, and the expected completion date on November 30, 2015.

C. The Plaintiff entered the addressee’s “Him” as “Creged,” and issued four copies of the quotations as follows (hereinafter “instant quotation”).

Title 1- Name of the construction name on the date of drawing up the sequence 1- F 18,52,00 won in walls VP, galgallon 1,074,00 below the F 1,074,000 below the floor of April 2015, F 1,0774,000 below the floor of April 3, 2015, Rada 3, F 7,64,000 won in ceiling VP, F 2,702,00 won in addition to F stairs on December 4, 2015, 39,672,000 in total of expenses (exp) and expenses.

D. The Defendant transferred KRW 8 million to the Plaintiff’s deposit account on April 2, 2015, and KRW 10 million on September 4, 2015.

E. On the other hand, on September 3, 2015, the Plaintiff issued a tax invoice of KRW 22 million (hereinafter “instant tax invoice”) to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 2, 7 through 12, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1's summary of the party's assertion is the written estimate of this case from the defendant.

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