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(영문) 의정부지방법원 2014.09.18 2013나13949
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "the construction contract of this case" of the second and the first and second instances of the judgment of the court of first instance shall be deemed as "the construction contract of this case"; "the representative" of the third and sixth items shall be deemed as "the agent"; "the construction contract of the third and nine items" of the third and nine items shall be deemed as "the construction contract"; "the construction contract of the fourth and sixth items" shall be deemed as "the construction contract of the construction project"; and "the construction contract of the fourth and sixth items" shall be deemed as "the construction contract of the construction project"; and the part of the judgment of the court of first instance shall be deemed as the reasons for the judgment other than the determination of the allegations and evidence added to the sixth and the sixth parts of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act.

“2) As to this, the Defendant, prior to the construction contract of the first and second construction works, set up the main unit of the main unit of the second construction works, the construction work of the main unit of the main unit of the construction works, and the construction work of the ex-factory main cable of the construction works, prior to the construction contract of the first and second construction works, with the construction cost of KRW 18,000,000,000, the construction cost of the main unit of the utility, factory-type cable construction, and the construction work of the main unit of the construction works.”

The author argues that the construction cost to be paid to the plaintiff under the second construction contract does not remain since the construction cost is included in the construction work details, and the construction cost has already been paid to the plaintiff.

According to each of the statements in the evidence Nos. 3 and 4-1 through 5, it is recognized that the Defendant remitted KRW 9,00,000 to the Plaintiff on April 27, 2009, KRW 2,000,000, and KRW 4,000 to the Plaintiff on May 14, 2009, and KRW 3,000,000 to the Plaintiff on May 22, 2009.

Meanwhile, on April 15, 2009, when the Defendant moved the factory to the instant building, the main unit was already installed in the instant building, and the main unit of the electric wires connected the electric wires from the telegraph station to the main unit of the electric wires are completed.

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