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(영문) 대전지방법원서산지원 2019.11.14 2018가합51777
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of installing steel structures, and the Defendant is a company that runs the business of manufacturing prefabricated metals.

B. The Defendant received an order from C to install a combat aircraft hangar in the Cheongju-si D D Office, and entered into a contract with the Plaintiff on the special drawing and supply of materials and manufacture of the said hangar (hereinafter “instant construction”).

The supply value of the instant construction was KRW 2,618,00,000, but was finally changed to KRW 2,229,00,000.

C. The Plaintiff additionally performed the work not included in the instant construction work (hereinafter “instant additional construction work”), and the Defendant paid to the Plaintiff totaling KRW 2,003,800,000 as the construction cost of the instant construction work.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. Determination

A. 1) Determination on the amount of the present construction cost of this case as to the parties' assertion 2,29,00,000 won does not conflict between the parties. However, as the plaintiff did not produce part of the quantity included in the present construction cost, the defendant calculated an amount equivalent to the production cost of the present construction cost of this case as the plaintiff did not produce part of the quantity included in the present construction cost of this case and reduced it from the above construction cost of this case, the plaintiff argued that the reduced amount of 161,00,000 won of the reduced amount of 161,000,000 won, among the reduced amount of 161,000,000 won, the reduction of the reduced amount of 161,000 won, the parties' specific arguments on this issue are as follows. (A) Of the price of the present construction cost of this case, the amount of the Defendant's production of Maraban Hak is calculated as total of 27,225,000 won under the premise that the plaintiff would manufacture 18,0000 won.

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