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(영문) 대전고등법원 2016.09.29 2015나357
양수금
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

A. In full view of the purport of the entire construction project, the contract amount and construction cost of the instant construction project performed by A and E up to the time of its cancellation can be deemed as KRW 355,724,930 as indicated below, and evidence is insufficient to deem that there is a duty to pay the construction cost in excess of the aforementioned duty.

(4) While the plaintiff and the defendant alleged that they agreed to settle the construction cost for Gap's construction work at KRW 360,00,000 after entering into the instant construction contract, there is insufficient evidence to acknowledge it. On the other hand, it is reasonable to view that the construction cost of Eul is not included in the construction cost after suspending the construction work, in light of the aforementioned evidence: (1) the aggregate of value-added tax on construction cost of KRW 45.193% of the first floor, KRW 160,829,00, KRW 176,900, KRW 350,000 of the ground-based construction cost of KRW 305,00 of the construction cost of KRW 205,00 of the construction cost of KRW 305,00 of the construction cost of KRW 205,00,000 of the ground-based construction cost of KRW 306,724,724,930,20,000 of the construction cost of KRW 2706,307,1670

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