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(영문) 광주지방법원 2016.08.12 2015나55188
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant (hereinafter “instant construction”) with the Defendant to construct interior facilities for sales of 234 reinforced concrete, general steel framed, and other roof, and for the operation of artificial dysysysium (hereinafter “instant construction”) from the Defendant-owned Mine-gu, Gwangju.

(2) The Plaintiff was awarded a contract for the instant construction project at KRW 363 million (including value-added tax). The Plaintiff’s contract for the instant construction project is deemed to have been awarded a bid at an open bid. The quotation submitted at the time of the Plaintiff’s bid is the main underground, floor, interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior teculation of the instant construction project, and the construction excluded from the instant construction project is indicated as “construction project, front pressing, interior stairs and railing installation, outer estimate of indoor and outside winding room, installation of air conditioners, and electrical distribution line, signboard electrical distribution, power pressure, powder distribution, and fire-fighting-related construction, removal construction, alteration of use, etc.”

B. The Plaintiff completed the instant construction on October 6, 2014, and received a total of KRW 363 million from the Defendant.

C. As a result of the appraisal of the instant project, an appraiser A conducted an appraisal on the existence and value of the additional work based on the drawings, specifications, etc. at the time of the contract, and the result is as listed below.

The appraisal value of the table 1,112,00 underground partition walls installed with the first floor space below the table 1,112,000 underground, and the toilet construction 395,000 above ground 5,147,000 above ground 11,042,000 above ground 2nd floor storage part above ground 2nd floor 5,235,000 above ground 2nd 235,000 above ground 10,25,256,000 above ground 2nd 15,248,2400 in total for flame retardation film installation of 15,2400 above ground 2nd 2nd 10,25,000 [Grounds for recognition], Gap 1,2, Eul 1,200, Eul 1,2 Eul 1,22, and appraisal by appraiser A, respectively, and appraiser A.

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