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(영문) 수원지방법원 2020.06.11 2019나8815
공사대금
Text

Among the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant is eight million won against the plaintiff.

Reasons

1. (1) Around March 2018, the Plaintiff, a construction business operator, consulted with the Defendant and C people (the Plaintiff refers to the representative of the literature, and no specific personal information is specified; hereinafter the Defendant and the Plaintiff together with them, referred to as the “Defendant”) about the re-actual repair work in the C literature in the astronomical City D, and during that process, presented the estimates (Evidence A 1-1) for the said construction work on the Defendant side.

The estimate stated the detailed process and details of the above project, and the estimated amount by each process. ① The estimated amount of the dismantling process (including roof, raft, wall, and sprinking work, but it appears that only a part of the dismantling process, such as roof, spacker, and splate work, is dismantled and removed in light of the contents of the work) shall be KRW 5 million, ② the estimated amount of the wood structure restoration process (including remuneration and replacement, pole, spacker and spacker, and board, accommodation and industrial accident insurance premium) shall be KRW 124 million, and ③ the remainder of the project shall be written in the other process, and the total estimated amount shall be KRW 170 million,00,000.

(2) On March 28, 2018, before entering into a contract with the Defendant, the Plaintiff started the construction work, such as the work to dismantle the said loss from around March 28, 2018.

(3) On April 7, 2018, the Plaintiff was awarded a contract with the Defendant for the construction work for the restoration of the said restoration work (hereinafter “instant restoration work”) at KRW 85 million (excluding value-added tax, 93,500,000,000,000,000 for the construction work cost, including value-added tax,) solely based on the construction work content (No. 1-2 of the evidence No. 1, which is written in the construction work content, is the construction work content of No. 1-2 of the Plaintiff’s document No. 1, which is the construction work content) (hereinafter “instant restoration work”), and from the Defendant among the said restoration work content.

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