beta
(영문) 광주고등법원 2019.08.21 2017나11956

공사대금 등

Text

1. The judgment of the first instance, including the counterclaim claim extended by this court, shall be modified as follows:

Defendant E.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the party is a company with the purpose of an engineering work business, etc., and Defendant C is a company with the purpose of operating lodging facilities.

F is the representative director of Defendant C, Defendant E is the husband of Defendant F, and Defendant D is the child of F.

B. There is no increase or decrease in construction costs after the completion of the completion inspection on December 9, 2013, 201, including evidence of a special agreement on the payment of the balance of construction works for the party concerned as of the date of the preparation of the instant construction contract (excluding the portion for extension of a building) from December 23, 2013 to August 30, 2014 (excluding the portion for extension of a building) Party A2-12-12, 17-12, 17-12013 (not before December 1, 2013) to the owner F, Si construction, guarantor N, and O. 20 days before the completion of the completion inspection on July 1, 2014 (within 30 days after the completion of the completion inspection on July 1, 2014).

(However, the following contracts provide that all the construction cost shall be KRW 1,100,000,00, and the remainder of the contract other than the construction contract as of August 2, 2014 shall be the same except that stipulated in the part of the "special agreement, etc." as of August 2, 2014; hereinafter referred to as the "construction works of this case" under the following contracts.

The second construction contract of this case between the Plaintiff and Defendant D on the G ground of the Jeonnam-gun.