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(영문) 부산고등법원 2016.05.19 2015나2782
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. The facts following the facts of recognition are acknowledged by the parties or by the statements in Gap evidence Nos. 1, 8, 12, 13, Eul evidence Nos. 3-1 to 7, and 7, the testimony of the witness I of the trial, the results of appraiser K's appraisal, and the purport of the whole pleadings.

A. On December 30, 2013, the Plaintiff was awarded a contract with the Defendant for the interior work of the medical care hospital C located in the Busan Seo-gu B (hereinafter “instant hospital”) in the amount of KRW 350 million.

(hereinafter referred to as the “instant construction”). (b)

On March 2014, the Plaintiff entered into an additional construction contract with the Defendant for the main purpose of common use of the instant hospital at KRW 18.5 million.

(hereinafter referred to as “instant additional construction,” and when referring together with the instant principal construction, hereinafter referred to as “each of the instant construction”).

From December 30, 2013 to August 27, 2014, the Plaintiff received total of KRW 328,000,000 from the Defendant for the principal and additional construction works of this case. On February 28, 2014, the Defendant directly paid the construction cost of KRW 50,000 to the subcontractor who is the subcontractor on behalf of the Plaintiff and KRW 7,200,000 to the other subcontractor on April 30, 2014.

On the other hand, the instant additional construction includes the major building cost of KRW 80,00,000 (construction cost of KRW 350,000), the main building cost of the main building (construction cost of KRW 3.50,00), and the lighting construction (construction cost of KRW 2.5 million). The Plaintiff failed to perform the construction of the main building of KRW 1,18,148 (total construction cost of KRW 1,148,00) with the entrance of the second floor, among the lighting construction, the whole building of the main building of the main building of KRW 1,50,00,000).

(Total construction cost of the entire non-execution cost of KRW 2,268,148) and it was confirmed that there was a defect in the restaurant electrical construction, the 2,3rd toilet pipeline construction, the 2,3rd disabled knife construction, the 2,174,752 of the remuneration construction cost of the Plaintiff.

The instant hospital is established as follows.

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