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(영문) 서울고등법원 2016.10.13 2016나2011682

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff entered into a construction contract and started construction works, and between the Defendant and the Plaintiff (hereinafter “instant construction works”).

(1) A contract under the terms and conditions of the contract for each of the contract amounts of KRW 1,742,254,800 (the contract amount for the soil works, such as the destruction of the ground, etc. among them) and the contract amount of each of the contract amounts of KRW 906,368,100 on September 24, 2013 on the date of commencement and March 22, 2014 on the date of completion (hereinafter referred to as “instant contract for construction”).

(2) On January 2014, the Plaintiff started soil construction among the instant construction works on the first day around January 2014 due to the reasons such as design change in the construction work.

B. 1) On March 2014, the Plaintiff entered into a contract for cancer sale and development (hereinafter “effective development”) with the Defendant’s instruction around March 2014 during the construction process.

(2) In the case of blasting cancer A (which are not mixed with earth and sand as blasting cancer) and blasting cancer A, a contract for the sale of cancer with a content that sells blasting cancer generated at the construction site of each of the instant cases (hereinafter referred to as “contract for the sale of cancer”) shall be 40,000 won per 25.5 tons truck per 25.5 tons truck per 25.5 tons truck, and blasting cancer B (which is part of a mixture of earth and sand as blasting cancer), and the total contract quantity of 7,291 cubic meters per 25.5 tons truck per 25.5 tons truck.

(2) The Plaintiff and the Defendant agreed to deduct the amount equivalent to the price of the above rock sale from the construction price of the instant case. (3) The Plaintiff transported enzin rocks blasting in the underground of the instant construction site from March 10, 2014 to April 24, 2014, as well as enzined aggregate development. The total number of trucks brought into the aggregate site is as indicated in the column of each “number of the Plaintiff’s alleged rocks” in the attached Table.

C. From October 18, 2013 to December 31, 2014, the Defendant paid the Plaintiff KRW 906,368,100 (including the amount deducted from the price of stone sale) in total as the price of construction work during the instant construction work.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 11, 13, Eul evidence No. 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's primary features.