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(영문) 대전고등법원(청주) 2015.01.13 2013나1922
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 13, 2010, the Plaintiff received each contract from the Defendant for construction of the 1.79 billion won (including value-added tax) of the Newly constructed building on the ground parking building B (hereinafter “new construction of this case”), from the Defendant, for the construction of the 1.79 billion won (including the value-added tax) and the 28 April 2010 of the 2010 extension construction of the above parking building (hereinafter “instant extension construction”) with each of the 6.6 billion won (including value-added tax) of the instant construction.

(hereinafter referred to as “the instant contract”). According to each of the instant contracts, the payment deadline for the remainder of the construction cost (1.39 billion won in the case of the instant new construction works, and 360 million won in the case of the instant extended construction works) is within 30 days after the completion of each of the instant contracts.

B. On August 31, 2010, the Plaintiff completed each of the instant construction (hereinafter “instant building”) and the Defendant obtained approval for the use of the instant building from the Cheongju Market on September 1, 2010.

C. As the construction price under each of the instant contracts, the Defendant paid to the Plaintiff KRW 1 billion on January 29, 2010, KRW 200 million on April 16, 2010, KRW 100 million on April 23, 2010, KRW 100 million on May 10, 2010, KRW 200 million on June 15, 2010, and KRW 1 billion on July 15, 2010.

Won, the defendant on October 26, 2010, as part of the defect and non-construction related to each of the construction of this case against the plaintiff, "1. The installation and repair of each floor drainage franchise (referring to drawings)";

2.Fluorite fluorites (referring to drawings),

3.The height of the second and third floors is 120 cm high (referring to drawings);

4.Assembling two floors of electric facilities, one story (referring to drawings), and

5. The plaintiff has made a request for a faithful construction of the "heat repair of the roof floor of the third floor" and prepared an agreement to accept it, and "the agreement of this case" is "the agreement of this case".

The Defendant paid 1 billion won to the Plaintiff on the same day as the construction price under each of the instant contracts.

Accordingly, each of the instant contracts that the Defendant paid to the Plaintiff.

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