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(영문) 서울고등법원 2016.11.03 2016나2030119

공사대금

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked and thus revoked.

Reasons

1. Basic facts

A. On January 8, 2013, the Plaintiff entered into a contract with the Defendant on the installation of electric heating systems in the floor heating system (hereinafter “instant heating system”) with the content of the construction performed (hereinafter “instant contract”) around September 30, 2013 by setting the total supply amount of KRW 467,060,00,00 (including value-added tax) by providing the Plaintiff’s necessary facilities (such as electric temperature water pipes, e-electronic hosting cables, etc.) to the 32st ground in the Han-gu, Han-gu, Jeju-do for accommodation, etc. of the users of the Lnden Golf Golf Course. The Plaintiff completed the instant heating system (hereinafter “instant contract”) around September 30, 2013.

On September 13, 2013, 120120130913085279 64,939,000 March 25, 2014, the issue date of the issuer Nos. 1208120,92089204262,682,000 on March 25, 2014

The defendant paid 330,900,000 won out of the price to the plaintiff as an electronic bill. Among them, each of the following bills was defaulted, and the plaintiff did not receive the following bills:

C. On the other hand, on February 18, 2014, the Plaintiff demanded the Defendant to pay the unpaid amount of KRW 136,160,000 to the Defendant.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the principal claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 136,160,000 (=467,060,000 - 330,900), and the amount of KRW 127,621,00 (=64,939,000 KRW 62,682,00) which is the sum of the outstanding bills (=62,682,000) and damages for delay, barring special circumstances.

(hereinafter) As such, the Plaintiff’s claim against the Defendant based on the instant contract is March 3, 200.