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(영문) 서울고등법원 2019.09.04 2018나2061964

공사대금

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The part of the judgment of the first instance against the defendant shall be revoked.

All of the plaintiffs' claims against the defendant are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant entered into the instant construction contract and the instant additional agreement on April 15, 2015 (hereinafter “G”) with the co-defendant G Co-Defendant of the first instance trial on April 15, 2015.

(A) the construction of the K Hospital building on the ground of Seoul Special Metropolitan City, Nowon-gu I (hereinafter “instant construction”).

(1) The construction cost of construction KRW 4,977,720,00 (including value-added tax) and the construction period from April 30, 2015 to April 30, 2016 (hereinafter “instant construction contract”).

(2) After that, the Defendant and G agreed to extend the construction period of the instant construction by September 30, 2016, and to pay KRW 935,00,000 (including value-added tax) as additional construction cost, around March 2016.

(hereinafter “instant additional agreement”). (b)

G Co., Ltd. (hereinafter “Plaintiff A”), among the instant works, subcontracted the Plaintiff Company B (hereinafter “Plaintiff B”), the interior work to the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) and the Plaintiff Co., Ltd. (hereinafter “Plaintiff C”), the Plaintiff Co., Ltd. (hereinafter “Plaintiff C”), the construction of machinery and equipment, and fire-fighting equipment, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) to the Plaintiff D, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff”), the construction of stone, waterproof, and the construction of stone, ⑤ the Plaintiff E, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff”).

(G) Each subcontract between the plaintiffs shall be referred to as "each of the instant subcontract" in total.

On January 19, 2017, the Defendant and G drafted a settlement agreement on the settlement of accounts (hereinafter “instant settlement agreement”) that the Defendant bears KRW 1,546,563,272 (including value-added tax), and G bears KRW 546,563,272 (excluding value-added tax) among the accounts payable for the subcontract construction work related to the instant project. The terms “other consultation” in the settlement agreement of accounts in this case include the following:

The “other consultation” of the instant settlement agreement - G shall immediately proceed with the remaining construction work after the seal of the instant settlement agreement, and complete it by January 25, 2017.