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(영문) 대전지방법원 2019.06.19 2018나11778
공사대금
Text

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

Reasons

1. In the first instance court, the Plaintiff claimed the Defendant for the amount of KRW 57,700,000, totaling KRW 69,000,000 for internal partition work, KRW 5,000 for additional construction work, KRW 32,90,00 for interior construction work, and KRW 57,70,000 for the amount of KRW 106,90,000 for the amount of KRW 32,00 for interior construction work, and damages for delay. The first instance court rejected the remainder of the claim.

Since only the defendant appealed against this, the above additional construction cost portion is excluded from the object of the judgment of this Court.

2. The reasoning for this part of the lower court’s reasoning is as stated in Article 420 of the Civil Procedure Act, except for the dismissal of Article 1-C of the part concerning the reasoning of the first instance judgment as follows. Thus, this part of the reasoning of the first instance judgment is cited in accordance with the main sentence of Article 420

“The building of this case is divided into 17 stores according to the interior subdivision work of this case, and thereafter, the Plaintiff completed the interior construction work on 14 stores operated by the Defendant, 9 stores operated by the Defendant, 16 stores operated by the Defendant and Women-Friendly Gu, 2 stores operated by G, and 7 stores operated by F.

3. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff and the Defendant agreed on the interior subdivision cost of KRW 69,00,000. 2) The Plaintiff agreed on the interior subdivision cost of KRW 4,70,000 per store with the Defendant, and agreed on the interior decoration cost of KRW 2,77,9,14, and 16 for each burial. The Plaintiff performed the interior decoration construction work of each burial of KRW 9,16, and performed the interior decoration construction work of KRW 7,00.

Therefore, the total amount of interior work that the Defendant shall pay to the Plaintiff is KRW 32,900,00 (=4,700,000) x 7).

B. Defendant 1) The Plaintiff and the Defendant agreed to the cost of internal subdivision as KRW 40,000,000, including the part alleged by the Plaintiff as additional construction in the first instance trial.

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