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Reasons
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(영문) 의정부지방법원 2015.02.12 2014나2793
공사대금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserted (1) on September 10, 2009, the plaintiff asserted that the defendant (the trade name before the change: the trade name before the change) set the construction cost of KRW 111,522,175 and completed the construction work of the paper-of-art club metal by being awarded a contract for the construction work of KRW 111,52,175, but he received only KRW 59,200,000 among them, and therefore, the defendant is obligated to pay the remainder of the construction cost of KRW 52,322,175 and delay damages.

(2) The Defendant first asserted that the Plaintiff’s claim for construction payment of this case was complete on April 30, 2013, because the amount of the estimate presented by the Plaintiff is too high, and thus, the contract was concluded and paid in full. The Plaintiff’s claim for construction payment of this case was completed by extinctive prescription. Therefore, the Plaintiff’s claim cannot be accepted.

B. (1) The determination of the Plaintiff’s claim was made on August 2009 through September 2009 by entering into an oral contract with the Defendant for the construction work of the Sejong Club Metal (hereinafter “instant construction work”). The Plaintiff’s construction work amount is KRW 15 million from the Defendant on August 26, 2009; KRW 20 million on January 2, 10 of the same year; KRW 10 million on November 2, 2000; KRW 5 million on January 27, 2010; and KRW 500,000 on January 27, 2010; and

2. 11.4 million won, and the same year.

4. The fact that he received a total of KRW 59.2 million on 30.5 million, and the fact that the construction of the instant case was completed at least before April 30, 2010, may be recognized by the purport of the entry of evidence No. 4 and all pleadings.

However, there is evidence that conforms to the Plaintiff’s assertion that the contract price of the instant construction works is KRW 111,522,175, although there is evidence, there is evidence No. 2 (written estimate) [However, although the first total amount of the said written estimate (AMUT) column is "Won 111,52,175 (Won 11,52,175)", the Korean language is "Won 11,52,175 (Won 1,000 won)" and the written estimate is generally necessary for the direction of performing

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