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(영문) 대구지방법원 2017.04.05 2016나10344
공사대금등
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering additional payment is revoked.

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. On May 9, 2014, the Plaintiff was awarded a contract with the Defendant for the construction of multi-family houses and retail stores located in Daegu-gu C (hereinafter “instant construction”).

B. The Plaintiff completed the instant construction, and the Defendant completed registration of ownership preservation on October 6, 2014.

C. The Plaintiff was paid KRW 310,000,000 among the construction cost by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 15 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The construction cost of this case is KRW 350,00,00,00, including the construction cost of KRW 20,000. At the defendant's request, the plaintiff agreed with the defendant to set the additional construction cost of KRW 48,000,00 (the construction cost of KRW 20,000,000,000,000,000,000,000, and the additional construction cost of KRW 350,000,000,000,000,000,000,000,000, and the plaintiff did not pay the additional construction cost of KRW 310,000,000,000,000, - the additional construction cost of KRW 310,000,000,00,000,000, - the additional construction cost of KRW 300,000,000,00, 300.

B. According to the facts that there is no dispute over the determination of the total construction amount under one agreement, Gap evidence Nos. 1, 3 through 7, Eul evidence No. 15, witness E and F's testimony and arguments, this case between the plaintiff and the defendant.

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