(영문) 인천지방법원 2017.06.08 2016가단200827

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(영문) 인천지방법원 2017.06.08 2016가단200827

물품대금

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1. The Defendant’s KRW 51,160,00 for the Plaintiff and KRW 6% per annum from December 1, 2014 to June 8, 2017.

Reasons

1. As to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff supplied and supplied the molding construction cost of KRW 55 million from the Defendant, and completed the construction, and the Defendant is obligated to pay KRW 5 million to the Plaintiff. (2) Unlike the contract volume of KRW 800 cubic meters (number of 200 cubic meters) the Defendant Plaintiff performed only 589 cubic meters, and agreed on the height of the site reclamation to be the height of the current public parking lot; (2) the Plaintiff agreed on the height of the site reclamation to be the height of the current public parking lot; and (3) the construction was not completed as a result of the survey, and thus, the Plaintiff’s claim cannot be accepted

B. On October 27, 2014, the Plaintiff: (a) from October 27, 2014, the period from October 27, 2014 to the completion date; (b) KRW 55 million; and (c) contract volume may increase or decrease (the entry “top sand 9,000” was deleted); (b) the height of the site reclamation was determined to be the height of the current public parking lot (hereinafter “instant supply contract”); and (c) the Plaintiff completed the instant construction around November 20, 2014; and (d) delivered the said land to the Defendant.

3) The appraisal result of the instant construction is as follows: (a) the appraisal result of the public parking lot height (the control point is set up by the Defendant) located in Cheongjin-gun, Incheon, without any volume to be returned to the entire land for the purpose of appraisal as of the appraisal date: The height of the land for the purpose of appraisal as of the appraisal point is 7.22m, and since the height of the public parking lot is 7.18m, it is completed at the height of the public parking lot. As of the appraisal point, the molding part of the 15m truck is completed at the height of the public parking lot. If the volume of the 15m truck as of the appraisal point is 4,100 cubic meters (the physical determination of the natural state) at the 8m (4,108 ±), approximately 513m,840,000 won (the cost required for constructing the land for the purpose of appraisal is 3,840,000 won (the ground for recognition is without dispute).

C. Whether an agreement was made on one of the 8,000 cubic meters of the determined volume.

유사 판례

-대법원 1974. 7. 26. 선고 73다1637 판결

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