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(영문) 부산지방법원 2015.09.25 2014나20513
매매대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly for construction materials, retail business, etc., and the Defendant is a company mainly for housing construction business, etc.

B. On July 2, 2012, the Plaintiff submitted a written estimate to the Defendant regarding the “Singmanium Corporation” among the new construction works of the same ice-1 apartment (hereinafter “the instant apartment”) located in the articles of incorporation (A-13 B-13 B of the Articles of incorporation of the Busan-gun’s Articles of Incorporation, where the Defendant was constructed. The main contents of the said written estimate are as follows.

"The value of 1,450 1,450 supply value 6,700 value-added 670 value-added 6,370 value-added 6,370 value-added 6,370

C. After examining the above quotation, the Defendant entered into a contract with the Plaintiff on the terms of subcontracting the above preferentially over the price per 1 kilometer, setting the sum of 7,370 won for materials and construction costs on board per 1 kilometer.

(hereinafter “instant contract”). D.

On July 6, 2012, the Plaintiff began to engage in the sodium headquarters construction, which was completed on August 8, 2012, and was paid by the Defendant KRW 30 million on October 1, 2012 as construction price, and KRW 42 million on December 1, 2012.

E. Meanwhile, the apartment building of this case consists of 59m20 m20 - A(B), 59m20 m20 m20 - 59m20 m20 m20 m2, 59m20 m20 m2, 59m20 m20 m20 - 4 m29m2, 74 m2- - 40 m2, 74m2 (A), 100 m20 - 74m2 (B) - 100 m22, 84 m2 (A), 84 m237 m2, 84 m2 (B), and 84m2 m2 (C) - 47 m27 m2.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 4, Eul 1, and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that the Plaintiff’s total area of 7,589.925 square meters, up to the completion of the Plaintiff’s above Dollium decoration.

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