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(영문) 서울북부지방법원 2017.02.07 2015나8276
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Facts of recognition;

A. On January 27, 2014, the Defendant, who runs the indoor decoration business, contracted with C’s head office (hereinafter “instant building”) (hereinafter “instant remodeling project”) for the remodeling project (hereinafter “instant building”) from C (hereinafter “C”) during the construction period from January 29, 2014 to April 30, 2014. Around that time, the Defendant subcontracted the portion of the electricity and lighting work (hereinafter “instant electrical construction”) among the said construction to the Plaintiff who runs the lighting installation business.

B. The Plaintiff and the Defendant determined the price of the instant electrical construction as 40,000 won per square meter (including value-added tax) of the construction area, but if the Plaintiff together with the electric power plant and the electric power plant, it was determined as 10,000 won per square meter of the construction

C. Around April 2014, when the instant remodeling construction was underway, the Defendant ceased to proceed with the said remodeling construction due to the dispute over the construction cost between the Defendant and C. Around that time, the Plaintiff discontinued the instant electrical construction with the completion of most electrical construction.

The construction cost for the instant electrical construction performed by the Plaintiff is as follows:

The construction site and size of 1.3 billion won (i.e., the total construction cost per 1.19 million won (i.e., 1., 1.9 million won - 20 square meters x 1.1 million won) at the Defendant’s request, 3,5.6 million won (i.e., the reduction of the construction cost for 20 square meters among 119 square meters) for the 1.19 square meters, 97 square meters in the computer room 9.7 square meters in 97 square meters in the number of 97 square meters in the number of 9.7 billion won in the number of 92 square meters in the number of 9.466 billion won in the number of 1.5 million won in the number of 1.5 million won in the number

E. Meanwhile, the Plaintiff was paid KRW 28.3 million, including KRW 3 million on February 14, 2014, KRW 4 million on February 27, 2014, KRW 4 million on March 10, 2014, KRW 8.8 million on March 28, 2014, KRW 4 million on April 17, 2014, KRW 3.5 million on June 23, 2014, and KRW 28.3 million on August 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 and 3 (including branch numbers), each statement, pleading.

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