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(영문) 수원지방법원 2016.10.14 2016나54275
공사대금
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the rejection of the reasoning of the judgment of the court of first instance as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Comprehensively taking account of the overall purport of evidence Nos. 5 through 8 and arguments, the Defendant’s statement of the current status of payment (Evidence No. 6) drafted around June 23, 2014 stated “13,00,000 won for the contracted construction work, 75,000 won for the construction work paid to the previous installment, 5,000 won for the remaining construction work, and 58,000,000 won for the remaining construction work,” written on June 23, 2014 (Evidence No. 7) stated “excluding personal assistance,” “1.33, 00: 0.75,000,000,000 won for the construction work,” “1.4,000,000 won for the remaining construction work, 00,000 won for the Plaintiff,” and the Defendant stated “1,000,000 won for the remaining construction work payment, 3.4,000 won for the remaining construction work payment.

As to this, the Plaintiff claims that the additional construction cost agreed upon as the price for construction work is KRW 95,700,000, the Defendant’s construction cost is KRW 72,270,000 (= KRW 164,670,000 (= KRW 68,970,000) - KRW 92,40,000 already paid). Thus, according to the evidence No. 2, the Defendant’s construction cost is as of December 26, 2013.

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