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(영문) 서울남부지방법원 2015.01.15 2014나4854
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. Facts of recognition;

A. On August 25, 201, the Defendant was awarded a subcontract for installation works of KRW 141,90,000, among the construction works for the extension of accommodation facilities for employees of the B prosecutor’s office, to KRW 204,60,000 from September 20, 201, among the new construction works for C neighborhood living facilities, from September 20, 201, ③ on October 4, 201, among the new construction works for C neighborhood living facilities, KRW 110,00,000.

B. The Defendant’s on-site Director A, the Plaintiff, and the Defendant’s on-site Director in charge of the urban gas facility works of the said 3th group. The Defendant’s on-site Director, without confirming the construction amount, decided

(no construction contract). (c) The construction contract shall also be prepared.

The Plaintiff issued a tax invoice to the Defendant for each of the construction cost (31,460,000 won, 5,200,000 won, 12,100,000 won, and 12,100,000 won, and 12,00 won, after completing all of the urban gas installation works for the 3th military courts. However, the Defendant approved only the tax invoice for the two locations (CNN and d new construction works for the Public Prosecutor's Office) and did not approve the remainder (BD public prosecutor's office's office's office's office's office's office').

In the first instance court, the defendant applied for appraisal of the plaintiff's construction cost, and the appraiser entrusted for appraisal by the court of first instance shall be 48,509,000 won as follows.

As a result of the appraisal of the first instance court of the Plaintiff’s claim amount, the Plaintiff’s 12,10,460,000 31,119,00 2 C neighborhood living facilities 5,50,000,000 4,197,000 3D 12,10,000 13,193,000 48,500 48,509,000 / [based on recognition] of the Plaintiff’s 12,00,000 13,193,000 48,500 48,509,000 / [based on recognition] of the Plaintiff’s 1, A’s 2-1, 2-2, 3-1, 5, 6, 8, 9, 11, 12, and 1-1, 2-2, and 3-1, respectively, the purport of the entire pleadings entrustment.

2. Determination as to the cause of action

A. According to the above facts of recognition, the head of the defendant's on-site office shall install urban gas facilities to the plaintiff.

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