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(영문) 서울고등법원(인천) 2020.08.21 2019나12907

공사대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Facts of recognition;

A. On June 20, 2013, C, the representative director of the Plaintiff related to the parties, established the Defendant (formerly: G Co., Ltd.) and held office as the representative director for the purpose of developing and operating a driving range with the first and third floors underground in Yeonsu-gu Incheon Metropolitan City D with the aim of developing and operating a driving range with the third floor above (hereinafter “instant driving range”).

The plaintiff actually owned all the shares of the defendant.

B. The Defendant and the Plaintiff and H Co., Ltd. (hereinafter “H”) on October 17, 2013.

As the representative of the joint supply and demand organization, H entered into a contract for joint supply and demand organization.

hereinafter referred to as “Plaintiffs” in total with the Plaintiff and H as contractors

(3) 10,971,400,000 won (including value-added tax; hereinafter the same shall apply) for the construction of the instant golf practice range

) the contract agreement to be entered into (hereinafter referred to as “instant contract”).

(2) The content of the instant contract was amended several times, and specifically, on November 5, 2013, the amendment contract was prepared to increase the contract deposit (the first amendment contract), and on June 25, 2014, the amendment contract was prepared to extend the construction period from June 25, 2014 to August 31, 2014 (the second amendment contract), and on August 29, 2014, the amendment contract was drafted again to extend the construction period to September 30, 2014 (the third amendment contract), and the contract was drafted to change the rate of increase the contract amount to KRW 13,346,575,000 and the warranty liability period. < Amended by Presidential Decree No. 25748, Sep. 30, 2014; Presidential Decree No. 25575, Sep. 30, 2014>

(4) On December 8, 2014, the Plaintiff completed construction under the instant contract and completed the instant golf practice range around November 2014, and the Defendant began operating the golf practice range around that time. (4) On December 8, 2014, the Plaintiff and the Defendant, after completion, drafted a modified contract to make the instant contract a final settlement of accounts, and the changes are made according to the final settlement.