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(영문) 서울고등법원 2018.01.11 2017나19236

공사대금

Text

1. The judgment of the first instance, including the counterclaim claim extended in the appellate court, shall be modified as follows.

2...

Reasons

1. This part of the basic facts is cited by the main text of Article 420 of the Civil Procedure Act, except for the modification and addition as follows, since the reasoning of the first instance judgment is the same as that of Paragraph 1.

The 3rd 6th son of the judgment of the first instance shall be amended to "New Construction Corporation" (hereinafter referred to as the "New Construction Corporation").

Then, “one of the plaintiffs or the defendants shall be deemed to have been processed automatically within three months if the problem is raised within three months,” the last part of the 4th letter of the judgment of the first instance.”

2. Determination on the main claim

A. According to the facts as seen earlier, the Defendants’ details of the unpaid construction cost are as follows. Therefore, the Defendants are obligated to pay the said unpaid construction cost to the Plaintiff.

Defendant A, a Dong-dong, A, 15,584,399 won - 2,00,000 won - KRW 13,584,95,199 won - 22,16,00 won - 22,166,00 won - 8,829,199 won - 24,289,624 won - 2,000,22,289,624 won -2,703,222 won -

B. Part 1 of the cost of retaining wall construction (A) The Plaintiff and the Defendants agreed to pay the cost of retaining wall construction separately with regard to the construction of each building of the instant case, but the Plaintiff completed the retaining wall construction with the cost of KRW 103,044,542 (excluding value added tax), so the Defendants should additionally pay the Plaintiff the cost of retaining wall construction equivalent to the said amount.

B. The Defendants included retaining wall construction in the instant construction contract, so there is no reason to separately pay retaining wall construction cost.

There was no agreement to pay the cost of retaining wall separately.

Furthermore, as seen in the instant confirmation document, the Plaintiff, upon entering into a settlement agreement on April 24, 2013, decided to waive the right to claim the cost of retaining wall construction if the Plaintiff did not bring a lawsuit on the retaining wall construction within three months, and the Plaintiff.