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(영문) 대구지방법원 2020.07.16 2019나314184
공사대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance except for the dismissal or addition as follows.

Part II, 7, and 8 of the first instance judgment are amended as follows. A.

A 주식회사는 2000. 9. 27. 토목건축공사업, 전기공사업 등을 목적으로 설립된 회사(이후 2017. 10. 24. 상호가 ‘원고’로 변경되었고 이하에서는 통칭하여 ‘원고’라고만 한다)이고, 피고는 2011. 7. 1. 자동화기계 설계 및 제작업 등을 목적으로 설립된 회사이다.

Under the third paragraph of the judgment of the first instance, “The Plaintiff agreed with the Defendant to have the construction cost reduced to KRW 60,700,000 and paid the said additional construction cost.”

On the fourth upper part of the judgment of the first instance, following the table of the first instance court, “E. The object of the instant construction has been approved for use on August 1, 2013.”

In the judgment of the court of first instance, the "appraisal" of the judgment of the court of first instance is regarded as "appraisal of the court of first instance".

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion agreed to complete the construction work and additional construction work under the instant contract and to have the Defendant paid the additional construction cost reduced to KRW 60,700,000, but did not receive only KRW 2,325,00,000 as the construction cost.

Meanwhile, the construction cost of the part concerning the repair of defects in the instant construction project is KRW 82,854,416 according to the result of the appraisal commission made by the appraiser of the first instance trial on September 6, 2018. The cost of the repair of defects is to be deducted from KRW 30,341,923 (= KRW 91,041,923 – KRW 60,700), which the Plaintiff agreed to reduce with the Defendant out of the construction cost incurred in the said additional construction project (= KRW 91,041,923 – KRW 60,507,000 (= KRW 60,700,000) as the remainder of the construction cost (= KRW 2,325,000; KRW 82,854,416,30,923) and the said cost are to be deducted.

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