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(영문) 서울고등법원 2017.06.02 2016나2063447

공사대금

Text

1. Of the part concerning the principal lawsuit against the Defendant (Counterclaim Plaintiff) in the judgment of the court of first instance, the following portion is ordered.

Reasons

1. Basic facts

A. 1) The Defendant entered into a subcontract to construct B tourist hotels from Codefendant A Codefendant A in the first instance trial (hereinafter “instant new construction”).

(2) On December 1, 2014, the Plaintiff was awarded a subcontract with the Defendant for removal works among the instant new construction works (hereinafter “instant removal works”), underground excavation works (hereinafter “instant underground excavation works”), and reinforced concrete construction works (hereinafter “instant reinforced concrete construction”) as listed below 1.

(2) In order to perform each of the above terms and conditions, “instant 1 subcontract,” “the instant 2 subcontract,” and “the instant 3 subcontract,” in the order of each of the following terms and conditions: (a) Table 1 attached to the subcontracted construction work (excluding value-added tax); (b) KRW 35,000,000 for the instant removal work from December 1, 2014 to December 30, 2014; (c) KRW 95,000 for the instant underground excavation work; (d) KRW 590,000 for the instant reinforced concrete construction work from December 20, 2014 to February 20, 2015 (i) KRW 120,000 for the first floor from March 1, 2015 to June 30, 2015.

1) The Plaintiff completed the removal work of this case and received KRW 38,500,000 from the Defendant on February 17, 2015. After completing the instant excavation work, the Plaintiff received KRW 88,00,000 from the Defendant on March 17, 2015. (2) The Plaintiff completed the first floor of the ground among the instant reinforced concrete construction works.

On the other hand, around April 2015, the Plaintiff discontinued the instant reinforced concrete construction and completed it at the construction site, and the instant third subcontract was revoked on June 2015.

3) With the Plaintiff’s consent, the Defendant paid the Plaintiff’s subcontractor the construction cost of KRW 5,90,000 in total, as shown in Table 2, to the Plaintiff’s subcontractor with respect to the instant reinforced concrete construction work. On April 10, 2015, the direct payment amount of KRW 6,500,000 on the date when the table 2 attached Table 2 attached hereto, was 5,90,000 as follows.