beta
(영문) 서울고등법원 2017.05.25 2016나2070155

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 72,501,647 and 10,400,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a waterproofing construction business, a windowing construction business, and a cosing construction business. The Defendant is a company that operates a windowing construction business, an indoor construction business, etc.

(b) Conclusion and execution of a subcontract agreement for A apartment construction;

1. The project owner: The name of the prime contract for paper construction corporation: the new construction work of a A apartment;

2. The name of subcontracted construction work: PL creative cosing construction work from among the new construction work of A apartment;

3. The construction site: Chungcheongbuk-gun B.

4. Period of construction: Payment on April 30, 2014, as of September 25, 2013;

(a) Advance payment: No one; and

(b) Amount completed: (1) February 1, (2) (the last day of each month even if a claim is filed) and (2) the method of payment is within (60) days from the date of receipt of the object: Cash; and

(1) Payment shall be made within 15 days from the date of the adjustment in accordance with the contents and ratio of the said adjustment within 30 days from the date of the adjustment from the date of the change in design, the change in economic situation, etc.;

(1) On December 12, 2013, the Plaintiff: (a) on December 12, 2012, 2013, the PL Changcoding Corporation (hereinafter referred to as “A apartment construction”) among the new construction works of the Chungcheong-gun A apartment (hereinafter referred to as “A apartment construction”) from the Defendant on December 12, 2013.

(A) The contract to be awarded for a contract amount of KRW 15 million is as follows (hereinafter referred to as “A subcontract”):

(2) The Plaintiff concluded the A Apartment Construction around June 2014, and the Plaintiff completed the A Apartment Construction. (2) The Plaintiff performed the A Apartment Construction, and the Defendant paid the Plaintiff KRW 65,000,000 out of the A Apartment Construction Costs of KRW 105,000,000.

However, the amount to be settled in the modification of the construction cost of the Chang Ho Construction is KRW 370,938.

C. On April 3, 2014, the Plaintiff, who entered into and executed a C Apartment Construction Contract, is one of the new construction works of the C Apartment from the Defendant.