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(영문) 서울고등법원 2017.08.24 2016나2051819

공사대금

Text

1. The judgment of the first instance court is followed by the amendment of the purport of the claim against the Defendant (Counterclaim Plaintiff) C in this court.

Reasons

1. Basic facts

A. On March 25, 2014, the Defendants engaged in construction business under the trade name “D” (hereinafter “D”).

2) On the ground and multi-family house on one parcel, other than the F in Gyeonggi-gu, Gyeonggi-do, (hereinafter referred to as “instant building”).

) New construction works (hereinafter “instant construction works”)

A) The contract for construction work was entered into on June 11, 2014 with the content that the contract was made during the contract period. Among the objects of construction work, the contract amount of Adong construction work was KRW 720 million, and the contract amount of B Dong and incidental civil construction work was set at KRW 800 million (excluding each value-added tax. 2) D submitted a written waiver of construction to the Defendants on June 11, 2014 while performing the instant construction work.

Accordingly, on June 12, 2014, the Defendants entered into a contract for the instant construction project with the terms and conditions that the Plaintiff, who performed the instant construction work by entering into a lump sum subcontract from D and actually performed the said construction work (hereinafter “instant contract”).

The new contract amount was determined in a way that the defendants deducted the construction amount paid to D and added the additional construction cost.

The completed portion shall be paid in cash once a month, and the rate of compensation for delay shall be 1/1,000.

A C The construction cost paid by the Defendants to D and the Plaintiff in relation to the instant construction project is indicated in the following table:

D

B. On June 24, 2014, the Plaintiff is the husband of the Defendant C and G (the husband of the Defendant A and the husband of the Defendant C, who takes charge of the practice related to the instant construction project.

(2) Defendant C sent to the effect that “The instant construction drawings have not been determined, A Dong was designed to have up to three floors, and B was not granted authorization, and thus, B was requested to obtain authorization by June 30, 2014, and if not, to suspend construction work.”