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Reasons
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(영문) 부산지방법원 2018.09.12 2018나40812
공사대금
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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. Summary of the parties' arguments;

A. On April 15, 2017, the Plaintiff entered into a written estimate (No. B. 1; hereinafter “instant estimate”) upon receipt of a contract from the Defendant for the interior works of the housing located in the Busan Seo-gu C (hereinafter “instant construction works”).

The construction cost of KRW 26,850,00 in the instant estimate is KRW 5,400,000 (= KRW 1,500,000, KRW 1800,000, KRW 1,600,000, KRW 500,000, KRW 1,600,000, KRW 1,600, and KRW 500,000) of the said construction cost when performing the instant construction. As such, the Defendant agreed to pay directly to the construction contractor, the construction cost that the Plaintiff is to receive from the Defendant is KRW 21,450,00 (= KRW 26,850,00).

Although the Plaintiff completed the instant construction work on May 30, 2017 and delivered a house to the Defendant, the Defendant did not pay the remainder of KRW 9,100,000 among the Plaintiff’s construction cost (i.e., KRW 1,529,000 for heating costs of KRW 1,534,000 for heating costs of KRW 2,008,00 for heating costs of KRW 1,529,00 for religious material costs of KRW 1,169,00 for the dwelling room other than KRW 1,534,00 for the dwelling room).

Therefore, the defendant has the obligation to pay the plaintiff 9,100,000 won for the unpaid construction cost and damages for delay.

B. When the Defendant awarded the instant construction contract to the Plaintiff, the Defendant agreed that the total construction cost was KRW 21,00,000,000 upon receipt of the written estimate from the Plaintiff. Since the Plaintiff and the construction executor designated by the Plaintiff who completed the construction and paid the said KRW 21,00,000 to the Plaintiff, the construction cost to be paid to the Plaintiff remains no longer.

2. The unit price for the product volume of 1,800,000 2 heating 3,200,000,000 3750,000 3750,000 5 1,200,000 60,000 6006 7,0000 8,000 9,000 for personnel expenses of 2,500,000 8 1,500,000 9,000 1,50,000 9 1,50,000 for 300,000 for 1,000 for 1,00,000 for 1,000 for 1,70,000 for 30,000 for 1,60,000 for 133,00 for 160,00 for 10,000 for 10,000 for 10

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