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(영문) 광주고등법원 2019.04.10 2018나137
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 11, 201, the Defendant completed the registration of ownership transfer with respect to the land of 1,430 square meters and 5,610 square meters (hereinafter “instant land”) prior to Gwangjuyang-si, and obtained permission to engage in development activities with respect to the change of the form and quality of the instant land from the Mineyang-si around June 20, 201.

B. On December 1, 2013, the Defendant, on behalf of the Plaintiff, entered into a contract between E and the Defendant for the construction of electric source village site (hereinafter “instant construction”) to contract the construction cost of KRW 120 million (excluding value-added tax) with the Plaintiff, which includes the content of stockpiling stone according to the boundary of the instant land, and E agreed to perform the instant construction as the guarantor of the instant contract, and the specific content is as follows.

Article 1 (Name of Construction) of Agreement: Article 2 (Location) of the Construction Works for Development of Site for Electric Source: Article 2 (Location): Article 3 (1) of the Land in this case) of the Land in Mineyang-si, and Article 3 (Details of Construction) of the Land in this case) The height of stone construction shall be about five meters. 2) The height of stone shall be 1.5 meters

(On 0.5m above ground, 1m above ground) 3. Sump inputs require approximately KRW 4,000 (based on 300 tons of dump trucks). 4) Sump pipes shall be established in order to serve as a drainage at intervals of approximately 3m.

D. 5) The calculation of dump inputs shall be about 3.5m wide so that dump trucks can enter. 6m. 6m high between the ceiling and the ceiling.

7) The road site is 4m wide and 25m high for ready-mixed snow. 8) The emulsion of rain drainage shall be 2, and the other emulsion shall be linked to 500m high for drain pipes and 150m high for discharged water pipes.

9) The height of the site of the first floor is about 1.5 meters and the access road is about 1.5 meters together with F and G roads. Access roads are about 3 roads. 10) The basic civil works for construction are responsible for the Plaintiff and work.

11) Balance: The Plaintiff and the Defendant enter into a contract with the Corporation (the road site plan will be anticipated at the end of February).

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