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(영문) 서울고등법원 2014.08.21 2012나64514

공사대금

Text

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

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiff, who was subcontracted with the construction work of Q.S.T. (hereinafter “instant construction work”), completed the additional construction work due to the construction work of this case and the design change, etc., from the Defendant, who was the contractor for the construction work of manufacturing, installing, and installing the water cooling equipment used for the production of steel products, etc., Q.S.T. equipment pipes and installing the S/C pipes (hereinafter “instant construction work”). The Plaintiff asserted that the Defendant entered into an agreement on the settlement of the cost for the additional construction work of this case (i.e., the total construction cost of 272,00,000,000 won (i.e., the remainder payment of 10,000,000 additional construction cost of this case) and its delay damages.

The judgment of the court of first instance accepted the plaintiff's claim, and the defendant filed an appeal against this claim, but this court modified the purport of appeal as it appeals to the amount exceeding 143,427,500 additional construction cost and damages for delay.

Therefore, the scope of the judgment of this court is limited to the claim for the remainder of the construction of this case and the claim exceeding 143,427,500 won out of the additional construction cost.

B. Inasmuch as the premise has no dispute, Gap 2, 4, 5, 7, 11, 17, and Eul 7 (including various numbers), each entry in the evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of Eul and Article 3 (A payment method): Part payment (B) within 15 days after the conclusion of the contract: Non-regular cash, non-regular cash, monthly 15,30 days after the issuance of the Free Trade Agreement (C) and the balance after the issuance of the contract term and specifications of the plaintiff are made and constructed in accordance with the drawings and specifications of the plaintiff based on the terms and conditions of the contract and the specifications of the contract provided by the defendant. If it is not appropriate for the drawings or specifications of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of evidence of the plaintiff.