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(영문) 인천지방법원 2017.11.28 2017나54749
전기공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. On July 2015, the Defendant, who newly built and sold D Borrowing in Pyeongtaek-si C, concluded an electrical construction contract with the Plaintiff on a total of six Dongs from 104 to 109 dong (hereinafter “instant loan”) with the Plaintiff, to pay KRW 80,000 per average, if the Plaintiff incurred any electrical construction (hereinafter “instant contract”).

B. The Plaintiff completed the electrical construction on the instant loan loan in accordance with the instant contract, and the Defendant calculated KRW 80,000 per square meter to the Plaintiff as KRW 90,000,000.

C. Around the above time, the completion inspection on the loan of this case was completed, and the defendant additionally requested the plaintiff to execute the electrical construction for the tea of the loan of this case. The plaintiff completed the electrical construction for the tea bank.

The Defendant paid to the Plaintiff KRW 6,00,000 as additional construction cost and KRW 1,800,000 as the delivery cost of the certificate of communications completion.

E. The total floor area of the instant loan building permit is 1124.06 square meters.

[Ground of recognition] Facts without dispute, Eul evidence 1-1, 2, 3, 4, 5, and 6, testimony of witness E at the trial and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion for multi-party electrical construction price should also be calculated by multiplying the construction area by the average unit price of KRW 80,000 per unit price, as well as other parts.

B. The Defendant’s argument that the construction permission area is excluded, and the Plaintiff and the Defendant agreed to pay the construction cost only with respect to the total floor area of the construction permission except for the multi-faceted housing at the time of the instant contract.

Moreover, it is a simple construction that can only be installed at a number of electric lights and contact only.

Nevertheless, the defendant has no obligation to pay the construction cost any more than 6,00,000 won to the plaintiff, as it has paid the construction cost in addition to 6,000 won.

3. It shall be an electrical construction on an appeal for judgment.

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