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(영문) 서울고등법원(인천) 2020.07.02 2019나14200
공사대금
Text

1. All appeals filed by the plaintiff (Counterclaim defendant) and the preliminary claims added by this court are dismissed.

2. Appeal;

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows. The plaintiff's conjunctive claims added to this court is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment as described in paragraph (3) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The part of the judgment of the court of first instance, “A. Plaintiff’s assertion”, from Nos. 3 to No. 4, 19 to No. 13, shall be followed as follows.

A person shall be appointed.

A. The Plaintiff and the Defendant determined the contract price of this case based on the actual construction area. The “permitted horizontal”, which is the basis for calculating the contract price of this case, is the area calculated by adding “a building area” and “a basement area” as stated in the construction outline (Evidence A, No. 3, 4, and 5) that is near the actual construction area of the Plaintiff to the actual construction area. 1. The ground for calculating the E complex pen plan on January 1 - the total building area of Fdong and G Dong: 448.92 square meters (i.e., each building area of this case 224.46 square meters x

2. The construction area of the H complex;

(a) Total building area of the ground floor: 3,49.36 square meters (=total building area of each Dong 862.34 square meters x 4 floors);

(b) Area of underground floor: 87.84 square meter (21.04 square meter per underground floor x 3 buildings).

(c) The ground for calculation of documentation: Total building area of 862.34 square meters;

3. The construction area of the K Complexes;

(a) Aggregate of the building area on ground: 2,682 square meters (=total building area of each Dong 670.50 square meters x 4 floors);

(b) Area of underground floor: 63.12 square meters (i.e., 21.04 square meters in area of each 1 story underground of each Dong x 3 buildings);

(c) The ground for calculation of documentation: Total area of 447 square meters in Mdong and Ndong (=each building area of 223.50 square meters x two buildings);

4. Calculation of construction cost;

A. Two complexes: 3,537.2 square meters (=3,449.36 square meters)

(b) Three complexes: 2,745.12 square meters (=2,682 square meters)

(c) 1,758.26 square meters (=48.92 square meters) 862.34 square meters (447 square meters)

(d) Total sum of 2,436.54 square meters [2,430.58 square meters (= 3,537.2 square meters)]

E. Construction cost: 657,865,800 won (i.e., 2,436.54 square meters x 270,000 won) are as follows.

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