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(영문) 광주지방법원 2018.08.24 2017나50736
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. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 1, 4, and 5 (including branch numbers for those with virtual numbers; hereinafter the same shall apply);

(ii) the entry in Eul evidence No. 4 and the purport of the whole pleadings

A. On May 31, 2013, the Defendant contracted for the construction of A factory solar energy system from Hyundai Lao Co., Ltd., and entered into a construction contract (hereinafter “instant construction contract”) with the Plaintiff on October 15, 2013, with respect to the construction of the said solar system among the construction of solar energy systems (hereinafter “instant construction works”), with the contract amount of KRW 345,00,000 (excluding value-added tax) and the construction period from October 15, 2013 to December 15, 2013. The main contents of the instant construction contract are as follows.

Details of the construction contract

1. All the works except the steel frame and the studs panel of the electric room (fluor, engines, and body frame) shall include the solid frame straws;

2. 의장동 ~ 엔진동 케이블렉 �도면 및 공사 일체

3. 엔진동 ~ 변전실 케이블렉 �도면 및 공사 일체

4. 프레스동 ~ 의장동 케이블렉 위의 추가 트레이 지지금구 �도면 및 공사 일체

B. The contract amount of the instant construction contract (345,00,000 won) consists of the following, and whether the other items 93,229,521 won is specifically related to a certain construction work, is agreed upon by the Plaintiff and the Defendant only verbally, and there is no detailed statement.

Items (units: 103,960,505, the Basic Project for the Establishment of 112,49,820 of the 2nd unit of the 35,310,154, and other 93,229,521 in total 345,00,000,000

2. Determination

A. (1) In addition to the argument’s purport as a whole, the construction cost to be paid by the Defendant to the Plaintiff (i) ex officio evidence prior to the construction cost under the instant construction contract, as well as the written evidence Nos. 11 through 13, the fact that the instant construction contract amount is KRW 379,50,000 (= KRW 34,500,000, value added tax of KRW 34,500,000).

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