logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.12.23 2015나54031
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On September 2013, the Defendant: (a) around September 2013, 2013, general restaurants and resting restaurants of reinforced concrete structure sloping roof in the Dong-gu Seoul-gu, Gwangju-gu (hereinafter “instant building”).

(2) On September 28, 2013, the Defendant awarded a contract for steel frame, board board, concrete construction, etc. (hereinafter “instant construction”) among the instant construction suspended to the Plaintiff on September 28, 2013, and concluded a contract with a third party for the construction of 79,000,000 won and without completion of the construction. The Defendant agreed to the settlement cycle of the expenses actually incurred by the Plaintiff after the completion of the construction.

3 The Plaintiff completed the instant construction work around the end of December 2013.

B. According to the results of appraiser D’s appraisal as a result of construction cost appraisal, expenses incurred in the instant construction are as follows according to the calculation criteria.

Standard for calculating the cost rate based on the government standard pumsem of estimates submitted by the divided plaintiff

1. Expenses incurred in performing steel-frames and printing operations: 30,669,245 won 34,308,156 won;

2. Costs of concrete construction: 45,135,439 won in total of 14,46,194 won 16,364,734 won in total of 50,672,890 won in total;

C. According to the appraisal results of the above appraiser, the balcony, which is the extended part of the building of this case, has defects of water, concrete cracks, scams of walking, scams of outer walls, and sand position plate of the outer wall, respectively. In order to repair the above defects, 5,39,389 won (based on government standard pumsem) is required for construction cost. In addition, according to the above appraisal results, in some of the extended parts of the building of this case, there are defects such as water scams, scams, remote areas, and scams, etc., and water scams and ices are found to exist in the wind. This is presumed to be due to the fact that it is the water leakage in the excellent oil entry or water-supply facilities.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, respectively.

arrow