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(영문) 수원지방법원 2015.06.18 2014나42421
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 11, 2013, the Plaintiff was awarded a contract for the interior work of a building located in the wife C (hereinafter “instant construction work”) from the Defendant for KRW 31,137,000 for the construction cost.

B. The instant construction includes electrical construction, painting construction, double-story floor construction, indoor and toilets construction, indoor and indoor brick stockpiling construction, off-site interior string construction, off-site string construction, stitching construction, boiler installation, boiler room construction, waste disposal, waterproof and fire prevention, and other general stone-proof construction.

C. The Plaintiff completed the remainder of the instant construction, excluding boiler room construction, double-story stairs construction, and waste disposal.

The construction cost of boiler rooms in the quotation of the instant construction is KRW 2,500,000, KRW 650,000, KRW 650,000, and waste disposal cost is set at KRW 600,00.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, and the purport of whole pleadings

2. In the first instance trial, the Plaintiff sought payment of KRW 9,97,000 for the remainder of the instant construction work and KRW 4,810,00 for the additional construction work (i.e., KRW 2,10,000 for the construction work of KRW 2,70,000 for the construction work of KRW 2,110,00 for the construction work of KRW 2,700 for the construction work of KRW 2,70,00 for the construction work of this case). The first instance court partly accepted the claim for the remainder of the construction work of this case,

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim for the remainder of the construction of this case.

3. The plaintiff sought payment of KRW 5,187,00 as the remainder of the construction of this case. However, according to the above facts, the plaintiff's payment of KRW 27,387,00 for the construction work of this case (i.e., the construction work of this case 31,137,000 won - KRW 2,50,000 for the boiler room construction work of this case - KRW 650,00 for the middle floor - waste disposal cost of KRW 600,00 for the construction work of this case - the plaintiff was paid KRW 22,70,000 for the construction work of this case from the defendant, barring special circumstances, the defendant is the plaintiff to pay KRW 4,687 for the remainder of the construction of this case.

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