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(영문) 서울고등법원 2015.11.10 2014나59844

양수금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As indicated in the table below, the Plaintiff and the Defendant concluded a subcontract agreement for each of the above construction works (hereinafter referred to as “instant construction works,” “instant B construction works,” “each of the instant subcontract contracts,” “instant construction contracts,” “instant construction contracts,” and “each of the instant construction contracts,” as indicated in the table below, during the construction period from July 16, 2012 to October 30, 2012, of reinforced concrete construction works among the new construction works during the construction period from July 16, 2012 to July 16, 2012. < Amended by Presidential Decree No. 23948, Jul. 16, 2012; Presidential Decree No. 23958, Jul. 16, 2012; Presidential Decree No. 23988, Jul. 31, 2012; Presidential Decree No. 23900, Jul. 31, 2012>

B. As to the instant construction contract, the Plaintiff and the Defendant changed the construction cost to KRW 1,169,300,000 on August 21, 2012, and changed the construction cost to KRW 1,422,630,00 on November 1, 2012, and the construction period from July 16, 2012 to November 15, 2012.

The amount of money for each item of the instant B construction project as of July 31, 2012, the date of issuance of the completion payment of 95,700,700,000 the construction payment of 69,300,000,000 on August 31, 2012, 200: < Amended by Presidential Decree No. 118,800,330,300,000; Presidential Decree No. 118700, Sep. 25, 2012; Presidential Decree No. 17550, Sep. 25, 2012; Presidential Decree No. 1850, Oct. 14, 200; Presidential Decree No. 17095, Oct. 25, 2010; Presidential Decree No. 170658, Oct. 16, 200; Presidential Decree No. 17009, Oct. 10, 2000>

C. By October 31, 2012, the Defendant issued, respectively, tax invoices of KRW 1,409,100,000 in total with respect to the instant A Corporation as indicated in the details of issuance of the tax invoice, and KRW 462,00,000 in total with respect to the instant B Corporation.

The defendant's claim for the temporary remainder of the rent against the defendant is against the defendant's claim for the construction cost of this case.