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(영문) 수원지방법원 2018.12.20 2018나60410
공사대금
Text

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

Reasons

1. Facts of recognition;

A. On or around August 9, 2015, the Plaintiff was awarded a contract with the Defendant for the “C New Building Construction Work” (hereinafter “instant construction work”) at the contract price of KRW 30 million.

(hereinafter referred to as “instant contract”). (b)

On August 10, 2016, the Plaintiff sent to the Defendant e-mail accompanied by “No. 5,520,000, additional KRW 25,080,000, KRW 25,000, KRW 2285,000, KRW 2285,000,000, KRW 22285,000,000, KRW 545,605,00,000, KRW 545,605,00,000, KRW 495,60,000, KRW 25,000,000, KRW 25,000,00, KRW 25,000,00, KRW 5,000, KRW 25,000,00, KRW 55,00,00,00 applied to D request” (including the settlement).

(hereinafter referred to as “instant invoice”) c.

On August 24, 2016, the Defendant is the amount equivalent to the net cost of KRW 22,182,820 above additional construction cost of KRW 25,080,000 as stated in the instant invoice to the Plaintiff.

Among them, the document was prepared and presented to the effect that it recognizes KRW 10,507,220,000,000,000 which was alleged by the Plaintiff in relation to electrical construction, and the Defendant asserts to the effect that “the above KRW 6 million was already paid from the preparatory document dated October 26, 2017.”

It is written to the effect that the remainder of one million won, excluding B, is recognized.

In addition, the Defendant prepared the documents as of August 24, 2016 and stated to the effect that “only one million won out of the starting line, fire station consultation, and completion amount 2 million won among the fire-fighting construction works” was recognized. However, in the briefs as of October 26, 2017, the Defendant recognized all of the above two million won as additional construction costs.

The defendant is KRW 50 million on October 13, 2015, and KRW 50 million on November 2, 2015, and KRW 50 million on November 2, 2015.

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