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(영문) 수원지방법원 2020.02.13 2019나59059
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s interior construction of the E-cafeteria store located in the E-cafeteria located in the City of Innju (hereinafter “instant construction”).

(C) On September 7, 2016, the Plaintiff concluded a contract with G operating a mutual company of “F” to set the remaining construction cost of KRW 150 million.

According to the estimates prepared at the time, the above project was conducted by the installation works, civil engineering works, neglected works, main works, kitchen works, toilet works, and external works. Among them, field rearrangement works, field maintenance works, completed waste removal, completion cleaning, and existing house-to-house transportation are included, and the civil engineering works include sewage culvert/purification works, reinforced concrete construction works, reticulating works, reticulating works, lighting works, excellent pipes, external lighting works, external lighting works, installation of boundary stones, asphalt strawing works, and electrical/water-to-water removal works.

3) From September 7, 2016 to November 16, 201 of the same year, the Plaintiff remitted the total of KRW 165 million to G and paid the said construction cost in full. (b) Meanwhile, H selected by G as a field agent of the instant construction work from September 20, 2016 to the said construction site. At that time, the Defendant submitted a written estimate (Evidence A6) to the said H to the effect that, in order to accept a subcontract for the septic tank and sewage pipe construction among the said construction work, H included the cost of construction in the scope of construction work, after consultation with the Defendant on behalf of G, to increase the subcontract price of KRW 1,100,000,000 in total (in addition, the amount of KRW 1,50,000,000 in the lower end of the said written estimate, and the Defendant paid the down payment to the Defendant as the total sum of KRW 1,50,000,000 in the lower end of the said written estimate).

The foregoing septic tank closed works, sewage pipeline works, and excellent pipes works shall not be more than the aggregate.

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