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(영문) 서울고등법원 2016.05.17 2015나17526

공사대금

Text

1. The amount of money that orders the payment under the following among the part concerning Egyption Co., Ltd. of the judgment of the court of first instance.

Reasons

1. Basic facts

A. On April 19, 201, the Defendant Company Egyption Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract with Defendant B for the construction of a new automobile-related facility from Kimpo-si (hereinafter “instant construction”) at KRW 960,00,000 (excluding value-added tax).

B. On July 12, 201, the Plaintiff entered into a contract with the Defendant Company to accept the instant construction contract with the amount of KRW 662,80,000 (excluding value-added tax), the construction period from July 15, 201 to November 15, 201, and the subcontract price interest rate of KRW 0.03% (hereinafter “instant subcontract”).

C. The Plaintiff completed the instant construction under the instant subcontract, and Defendant B obtained approval for the use of the building that was newly constructed by the said construction (hereinafter “instant building”) from the Kimpo-market on February 23, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 17 (including branch numbers if there are branch numbers; hereinafter the same shall apply)

2. Determination as to the claim against the defendant B

A. As to the direct claim for payment of subcontract price, the Plaintiff asserted that Defendant B is obligated to pay the Plaintiff the contract price of KRW 199,49,293 and damages for delay due to the agreement that Defendant B shall directly pay the Plaintiff the contract price under the instant subcontract. 2) In light of the evidence No. 16, the Plaintiff and Defendant B is recognized as having prepared a contract with the same content as the instant subcontract, but on the other hand, each of the above evidence and evidence No. 16 are acknowledged as being added to the purport of the entire pleadings. i.e., where the owner intends to make a direct payment of the subcontract price, he/she shall write his/her signature and affix his/her seal on the subcontract price directly between the contractor and the subcontractor, or directly affix his/her subcontract.