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(영문) 서울고등법원 2016.12.08 2016나4954

공사대금

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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. On February 7, 2013, the Plaintiff entered into a subcontract with the Defendant for landscaping among the new construction works for new C new houses located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant B construction works”).

(2) Around July 2013, the Plaintiff entered into an oral contract with the Defendant to receive a subcontract for landscaping works among the Incheon D New Construction Works (hereinafter “instant Incheon Construction”), and issued a tax invoice of KRW 15,950,000 on August 31, 2013, following the completion of each of the construction period from February 7, 2013 to February 28, 2013. The Plaintiff issued a tax invoice of KRW 2,530,000 on August 7, 2013.

3) On March 19, 2013, the Plaintiff is the Landscaping Corporation (hereinafter “instant F Hospital Landscape Corporation”) among the F Hospital Remodelling Works located in Gunpo E from the Defendant around March 19, 2013.

(4) Around August 14, 2013, the Plaintiff entered into a contract under which the construction cost is KRW 11,50,000 (including value-added tax) and the construction period is fixed and subcontracted from March 19, 2013 to March 31, 2013, and completed the construction work. (4) Around August 14, 2013, the Plaintiff entered into a contract with the Defendant to receive a subcontract for each of the construction cost of KRW 11,50,00 with respect to the installation works for facilities among the remodeling works for the relevant F Hospital (hereinafter “instant F Hospital Facilities Construction”) and the construction period from August 14, 2013 to August 24, 2013, and issued a tax invoice for KRW 11,550,000 on August 30, 2013.

B. The Defendant paid the Plaintiff the construction cost of KRW 12,00,000, out of the subcontract price for the instant B, and KRW 79,200,000, out of the subcontract price for the landscaping construction of the instant F Hospital, and KRW 8,00,000, out of the subcontract price for the construction of the instant F Hospital Facilities.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 13, and 14, the purport of the whole pleadings

2. The cause of the action.