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(영문) 대전지방법원 2020.01.08 2018나118440
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant leased a license from H Co., Ltd. and newly built neighborhood living facilities on each land of Daejeon Seo-gu D and E.

B. On July 29, 2015, the Plaintiff was awarded a contract with the Defendant for the instant construction work, such as outer walls, during the construction of the said new construction project (hereinafter “instant construction”).

C. The Plaintiff and the Defendant agreed to settle the price of the instant construction work according to the unit price of the quotation presented by the Plaintiff after the completion of the construction work.

The Defendant paid KRW 194,820,000 in total by either paying to the Plaintiff or directly paying to the material company as follows.

[Attachment 1] On September 18, 2015, Plaintiff I Co., Ltd. 33,000,000,000 on September 18, 2015, and Plaintiff I (K) 30,000 on November 23, 2015, 30,000 on November 23, 2015, 40, 54,820,000 on November 30, 30, I Co., Ltd. I 5, 200 on February 4, 2016, 6: (a) Plaintiff 22,00,000,000 on February 25, 2016; (b) Plaintiff 70,000,000 on May 23, 2016; (c) Plaintiff No. 1000,00 LM (M) on November 25, 2015; and (d) Plaintiff No evidence No. 3081 or evidence No. 508 (30,0

2. Summary of the parties' arguments

A. The total construction cost based on the Plaintiff’s appraisal is KRW 245,447,40 (including value-added tax). The appraisal result reveals that the total construction cost of KRW 2,968,00 for the construction cost of the interior corridor site and KRW 11,640,000 for the part reconstruction or additional construction at the Defendant’s request (i.e., the cost of the interior wall reconstruction of KRW 7,200,000 for 1,540,000 for additional construction of the interior wall reconstruction of KRW 1,540,000 for 1,60,000 for the disabled additional construction of KRW 7,20,00 for 1,40,000 for the damage of the outer wall).

The Defendant is obligated to pay the Plaintiff KRW 62,935,400 out of the total construction cost plus the remainder of KRW 65,235,400, excluding the remainder of KRW 194,820,00,000 (=245,447,400, KRW 14,608,00 - KRW 194,820,00).

(A) On November 8, 2018, the Plaintiff entered the above amount into the purport of the claim on the date of pleading. (b)

Defendant 1. Defendant 1.

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