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(영문) 수원지방법원안양지원 2017.06.09 2014가합1572
공사대금
Text

1. The Defendant’s KRW 72,158,101 and KRW 63,158,101 out of the above money to the Plaintiff shall be KRW 9,00,000 from March 19, 2013.

Reasons

1. Determination as to the claim related to the construction works of Pyeongtaek-gun

A. On February 27, 2012, the Defendant: (a) On February 27, 2012, the Plaintiff: (a) Neighborhood living facilities in Gyeonggi-gun C; (b) multi-Gu residential houses; and (c) interior terrec construction works among the new construction works for detached houses (hereinafter “the instant interior works”).

(2) On August 2012, 2012, the Plaintiff was awarded a contract with the Defendant for the instant construction work (hereinafter “instant construction work”).

(2) On March 18, 2013, the Plaintiff was awarded a subcontract and completed the instant 1 construction work. 2) After completing the construction, the Plaintiff signed and sealed the remainder of the construction work on the cover of a written estimate (Evidence A A; hereinafter “instant quotation”) prepared by the Plaintiff from D, a field manager, with the sign and seal written by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 7, Eul evidence 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. The plaintiff's assertion 1) On March 18, 2013, after the completion of the instant construction work, the plaintiff was confirmed by D with the authority to decide the construction cost as the defendant's on-site agent, and even if D does not have such authority above, the plaintiff has justifiable grounds for believing that D had the authority to represent the site warden. Thus, the defendant is not obligated to pay the plaintiff the total construction cost of the construction cost of the 273,958,30 won as stated in the written estimate signed by the defendant's head of the site office, excluding the 163,958,30 won as stated in the written estimate signed by the defendant's head of the site office (273,958,300 won - 163,000,000 won - 163,000,0000 won) and delay damages.2) The defendant's claim on behalf of the defendant's head of the site, and there is no authority to determine the construction cost or to pay it in full estimate.

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