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(영문) 서울고등법원 2016.08.18 2014나56104

공사대금

Text

1. The part concerning a counterclaim among the judgment of the court of first instance shall be modified as follows:

The Defendants (Counterclaim Plaintiff) in this case.

Reasons

1. Basic facts

A. The Defendants (excluding Defendant U, V) and the co-defendants of the first instance court and 33 members, including W and X (hereinafter “the first members”) form a “Z Association” (hereinafter “Z Association”) around September 2007 to construct a household complex by constructing a new building on the land (hereinafter “instant project site”) including Pyeongtaek-si and Y. At that time, they appointed co-defendants of the first instance court and J as the president of the partnership and delegated their authority to purchase the project site, select the construction company, conclude the contract, etc.

B. On March 17, 2009, the Plaintiff entered into a contract with J on March 17, 2009 with a representative of the first members of the instant organization for the construction of a furniture complex building on the ground of the instant project site by setting the construction cost of KRW 6.93 billion (including value-added tax). Then, the Plaintiff and the said J agreed to add the Amnesty, the Safety Corporation, and the retaining wall construction to the additional construction work on September 17, 2009, the first additional construction contract (the additional construction cost of KRW 6.6 billion), the second additional construction contract (the additional construction cost of KRW 3.44 billion), the second additional construction contract (the additional construction cost of KRW 3.6 billion) from November 5, 2009 to KRW 2.3 billion from December 3, 2009 (the additional construction cost of KRW 1.68 billion), each additional construction work period of KRW 300,000,000,0000 including value-added tax (the additional construction cost of KRW 2.6.3 billion).

(2) On September 3, 2010, the Plaintiff entered into a contract with the said JJ for the construction of the instant building, the construction of the instant building, the instant construction, and the instant contract for the said construction (hereinafter “instant contract”).