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(영문) 대전지방법원 2019.11.28 2019가단3629
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 16, 2018, the Plaintiff’s summary of the Plaintiff’s assertion was awarded a contract from the Defendant for 60 million won for the C’s new construction of the instant construction of the C’s detached housing (hereinafter “instant construction”) and the construction cost was subsequently settled in the execution area.

The construction cost that the Plaintiff completed the instant construction and settled according to the execution area is 84 million won as follows. Since the Defendant paid only KRW 57 million among them, the Defendant sought payment of KRW 37 million for the remainder of the construction cost.

105 square meters = 84 million won or the height of a building ± 7,300 meters or 2,800 meters or more per floor ± 2.61 square meters x 5.87 square meters or more per floor x 2.61 square meters = 145.82 square meters or 79.95 square meters x 65.87 square meters x 800,00 won = 84 million won (a forest less than one million won)

2. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 7, the plaintiff prepared two copies of the contract and divided them after being awarded a contract for the instant construction work from the defendant on Oct. 16, 2018 (hereinafter referred to as "the instant construction contract") and the contract kept by the plaintiff on Oct. 16, 2018 (hereinafter referred to as "the instant construction contract"). The contract kept by the plaintiff states "(or subsequent settlement of the area of construction) change" on the side of the construction amount, and the contract kept by the defendant states "(i.e., the settlement of the total floor area) x800,00, the service area x 400,000" on the side of the construction amount.

According to the above facts, the plaintiff and the defendant determined the construction cost under the construction contract of this case as KRW 60 million, and the total floor area shall be KRW 800,000 per square year, and the service area shall be calculated as KRW 400,000 per square year, based on the service area after the completion of construction.

However, the area actually executed by the Plaintiff is 105 square meters only with the descriptions and images of Gap evidence 1 to 3, or the plaintiff and the defendant are 2,800 meters high from the base height of the Han floor at the time of the instant construction contract.

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