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(영문) 서울동부지방법원 2016.04.22 2015나27189
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. A. On December 4, 2014, the Plaintiff received KRW 31,800,000 (excluding value-added tax) from the Defendant for the interior works of “D” in Eunpyeong-gu Seoul, Seoul, for a fixed period from December 4, 2014 to December 23, 2014 (hereinafter “instant construction contract”). At that time, the Plaintiff received KRW 9,540,000 as the down payment.

B. The instant construction contract was concluded on December 2, 2014 by the Plaintiff with the content of partially reducing the total construction cost in the quotation (Evidence A No. 3) of KRW 32,487,500 for the construction cost offered by the Plaintiff around December 2, 2014.

The amount by items of construction project and general management expenses in the above written estimate shall be as specified in attached Form 2.

C. Around December 19, 2014, the Plaintiff discontinued the construction work, and the Defendant had another company perform the remaining construction work from that time and completed the construction work.

The details executed by the Plaintiff even before the discontinuance of construction works are as shown in attached Table 3.

Based on the amount stated in the above estimate, the construction cost (excluding general management cost) for the part completed by the Plaintiff is KRW 14,60,000, as shown in the attached Table 4, as shown in the attached Table, and the construction cost to be incurred in completing the completed part is KRW 16,390,000, as described in the attached Table 5.

[Ground for Recognition: Facts without dispute, Gap's entries or videos, and the purport of whole pleadings]

2. Assertion and determination

A. According to the fact that the instant construction contract was de facto terminated and terminated on December 19, 2014, and the construction was considerably advanced, and the Defendant made the remaining construction work on the basis of the part executed by the Plaintiff.

Therefore, the defendant is obligated to pay the construction cost corresponding to the part executed by the plaintiff out of the agreed construction cost to the plaintiff.

B. The Plaintiff’s assertion 1) The construction cost is KRW 20,344,50 (including value-added tax) until the time the construction is discontinued.

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