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(영문) 수원지방법원 2015.11.19 2015나6347
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. Basic facts

A. The plaintiff is a person who runs the business of establishing and constructing Aluminium panel in the trade name of "C," but the actual operator is F as the plaintiff's husband, and the defendant is a company with the purpose of civil engineering and building business, and the defendant's representative director is G or actual operation is H, the father of G.

B. Around July 2012, the Defendant accepted a subcontract for metal and windows among Dwork from D Work Co., Ltd., and around July 1, 2012, the construction period between the Plaintiff and D Work and the Plaintiff during the construction period from June 1, 2012 to September 20, 2012, and the construction price was determined as follows:

Contract amount: The contract amount: 68,864,00 won (excluding value-added tax) supply amount: 26,000 won per square meter (excluding value-added tax): Actual contract amount of 26,152 square meters per square meter: 2,152 square meter in size x 26,000 won in size x 26,952,00 won in size x 25,952,000 won in size 2,152 square meters in size per square meter: The contract amount of actual design specifications of 6,152 square meter in size (including horizontal grains): 2,152 square meters in size x 6,152 x 6,00 won in size according to the increase or decrease in the design size of 12,912,00 won in size.

C. The Defendant agreed to be supplied with the Aluminium team required for the instant construction from Aluminium Co., Ltd., but the price was paid directly to Dluminium Co., Ltd.

Under the instant contract, the Plaintiff performed the instant construction pursuant to the Dopo-si, Kimpo-si, the main contractor, and Dindi-si, the main contractor, around October 2012, changed the size of 435 square meters in size and 1,746 square meters in total of 1,746 square meters in Aluminium market (grain), and 2,181 square meters in total of 2,181 square meters in Aluminium market (grain), between the Plaintiff and Din-si, the main contractor, from which the Plaintiff performed the instant construction, to 435 square meters in size and 1,545 square meters in total, and 1,980 square meters in Aluminium market (rice market) and 410 square meters in size. The second design change is made to add the installation of Aluminium to 410 square meters in total.

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