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(영문) 서울서부지방법원 2016.12.01 2016나32760
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On September 2013, the Plaintiff entered into a contract between the Defendant and the Defendant for the color service of the B-dong outer wall display wall (hereinafter “instant construction”) located in the Dong-gu, Ansan-si (hereinafter “instant construction”) and completed the instant construction work around that time.

The Defendant paid to the Plaintiff KRW 7 million on September 9, 2013, KRW 7 million on April 7, 2013, KRW 1 million on December 24, 2015, and paid KRW 1.4 million on December 22, 2015.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 5, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the instant construction project includes the primary construction cost of KRW 20 million (which changed to KRW 24 million) and the secondary construction cost of KRW 3260,000,000 for the construction cost around October 2013, and the secondary construction cost of KRW 5,133,546 (including additional tax) around May 2015, and the additional construction cost of KRW 5,133,546 for the Defendant Company building B and A, and the Defendant paid KRW 26,40,000 for the total construction cost. As the Defendant paid KRW 26,40,000,000 for the construction cost, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 9,458,36 and delay damages.

As to this, the Defendant initially set the primary construction cost of KRW 20 million, and KRW 3.26 million, but the secondary construction cost of KRW 24 million was consolidated, and revised the construction cost of the primary construction contract, and consolidated tax invoices were processed as one case. The additional construction cost claimed by the Plaintiff asserted that there was no error that the Defendant entered into an additional construction contract as a result of the occurrence of defect after the instant construction work.

B. First of all, we examine the details of the instant construction project.

In full view of the overall purport of Gap evidence Nos. 1-1, 2, 3, 6, 7, 8, and Eul evidence Nos. 5, the plaintiff and the defendant on September 5, 2013: On September 5, 2013, the name of the construction project: the whole string of the windows of the outer wall of the building: the whole string of the windows of the building and outer wall, but the string of B-dong stairs corridor, wall, ceiling door door door, and the internal painting of the other

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