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(영문) 서울중앙지방법원 2018.04.17 2017나29889
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the last last parallel of the judgment of the court of first instance (“20,000 won per square day: 120,000 won per square day: 120,000 won per square day; (b) the third parallel of the judgment of first instance “3 construction design and supervision expenses: 120,000 won per square day: 120,000 won per square day”; (c) the third parallel of the judgment “3 construction design and supervision expenses: 10,000 won per square day”; and (d) the six pages 18,19 “the date of this judgment” shall be deemed as the date of the judgment of the court of first instance; and (e) the plaintiff added or emphasized the claims that the plaintiff added or emphasized in this court as stated in Article 420 of the Civil Procedure Act as the reasons for the judgment of first instance, except for the addition of “additional

2. Additional determination

A. The Plaintiff’s alleged installation cost of the instant building is not included in KRW 3,950,00 per square meter per unit cost of the basic construction cost of the instant construction contract, and the installation of the attached stuff is not separately entrusted by the Defendant to the Bosung Industry (hereinafter “Nonindicted Company”). As such, the Defendant is obligated to pay the Plaintiff additional construction cost of KRW 27,538,00 for the installation cost of attached stuff and electronic equipment (i.e., KRW 13,758,780,00 for electronic equipment 13,780,000 for attached stuff and electronic equipment).

B. Even based on the Plaintiff’s aforementioned assertion itself, the Plaintiff performed the construction work of setting up a house for the instant building.

It can not be said that the plaintiff made the non-party company enter into a subcontract to build a attached stuff and let the non-party company build a attached stuff.

In addition, the main reason for the Defendant’s new construction of the instant building is to rent the instant building, the structure and size of each household of the instant building, and the entries in the evidence No. 2-1 through No. 3, as well as the testimony and arguments of the witness C of the first instance trial, the construction cost of the instant building is included in KRW 3,950,00 per square meter unit price of the basic construction cost of the instant construction contract, and the installation cost of the instant building and electronic equipment.

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