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(영문) 수원지방법원 2016.01.22 2015나7364
건물인도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. A. Around July 2011, the Plaintiff awarded a contract for the construction of a building listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant construction”) to the Defendant at KRW 750,000,000 for the construction cost (excluding value-added tax). Of the said construction cost, the construction amount equivalent to KRW 580,000,000 among the construction cost was determined to have entered into a contract between the Plaintiff and the Pungchi Construction Co., Ltd.

B. 1) The Defendant’s written estimate prepared on July 28, 2011 (hereinafter “instant estimate”).

(2) The contents of the instant construction are classified into “dembing construction, removal and soil construction, reinforced concrete construction, brick construction, waterproof construction, waterproof construction, hold-up glass construction, sun-day construction, light and wooden construction, painting construction, electricity installation, electricity installation, household installation, and other construction.” The said other construction is classified into “elevator, solar heat construction, septic tank construction, outside floor and drainage construction, underground water installation, landscaping construction, gas storage, fence fences construction, etc.” In the instant quotation, the said quotation is written as KRW 22,00,000,000,000 won. The said ceiling is written as “the total construction amount, KRW 75,00,000,000 won (excluding value-added tax), various authorization and permission and entry expenses, KRW 2,000,000,000,000,0000,0000,0000,000,0000,000,000).

C. On July 18, 2011, the Plaintiff and the Pungchi Construction Co., Ltd. drafted a contract form with construction cost of KRW 580 million (excluding value-added tax) and stated “other separate matters: E/V, gas facilities, septic tanks, external floor drainage and soil works, furniture, home appliances, fences, fences, solar heat facilities, and all kinds of additional facilities inside the room.”

The design cost for the construction work (won) shall be 2,50,000 electrical fire 2,50,000,000 installation fire 2,50,000 installation fire 2,50,500 measurement cost and 7,860,00 electromagnetic wave measurement cost and 6,30,000 electromagnetic wave measurement cost and 6,30,000.

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