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(영문) 의정부지방법원 2020.05.21 2019나210858
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. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, except where the following judgments are added with respect to the grounds for appeal by the defendant.

2. Determination on the grounds for appeal

A. The defendant's gist of the grounds of appeal asserts that the court of first instance has paid a total of KRW 73,332,50 as the pre-paid construction cost for each of the houses in this case, and that it was erroneous for the court of first instance to offset only the total of KRW 59,604,020 (= KRW 30,271,000, KRW 29,333,020) by the plaintiff's claim for construction cost, by recognizing only KRW 29,33,020, which is equivalent to the pre-paid construction cost, as the pre-paid construction cost.

B. Regarding the pre-sale construction cost of each of the instant housing units claimed by the Defendant, the Defendant failed to submit the detailed construction cost and its content until the closing of argument in the appellate trial. In full view of the evidence Nos. 7 and evidence No. 1, the part of the pre-sale construction cost alleged by the Defendant as above is included in the pre-sale construction cost of each of the instant housing units recognized by the first instance judgment. ③ Of the pre-sale construction cost claimed by the Defendant, the part of the pre-sale construction cost is included in the pre-sale construction cost which the Defendant claimed to have paid as above. ③ Of the pre-sale construction cost claimed by the Defendant, the part of the pre-sale construction cost (951,000 won out of the total pre-sale construction cost of [10] portion of the pre-sale construction cost (5,515,000 won), excluding the remainder of 30,271,000 won (5,000 won), it is reasonable to recognize only the above construction cost of KRW 30,3000,2900.

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