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(영문) 서울고등법원 2016.02.03 2013나44470

공사대금 등

Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. (1) The plaintiff's summary of the plaintiff's assertion and the defendant set the construction amount of KRW 950,000 (excluding value-added tax) in relation to the instant construction project through the contract dated January 25, 2009 (hereinafter "the first agreement of this case") with the first agreement of January 25, 2009 (hereinafter "the first agreement of this case"), and with respect to the addition and alteration, the additional and additional construction amount of KRW 700,000 (excluding value-added tax) through the additional agreement of April 25, 2010 (hereinafter "the additional agreement of this case") as of April 25, 2010. Accordingly, since the plaintiff completed the instant construction, the defendant shall pay the plaintiff the remainder of KRW 1,123,840,000 (including value-added tax) which the plaintiff had already received from the total construction amount of KRW 1,815,00,000, and delay damages thereon.

(2) Reviewing whether the original Defendant agreed to pay the construction cost of KRW 1,815,00,000, and according to the respective evidence Nos. 1 and 2, the fact that the instant primary contract and the instant additional contract were made between the Plaintiff and the Defendant, as alleged by the Plaintiff, is recognized.

However, in light of the following circumstances as a result of the fact finding as above, Gap evidence Nos. 36, Eul evidence Nos. 58 through 65, Eul evidence Nos. 2 and 3, the testimony of witness F of the first instance court, the testimony of the first instance court and the branch office of the first instance and the court of the first instance, the fact finding as above is insufficient to acknowledge that the plaintiff and the defendant agreed to pay construction cost as KRW 1,815,00,000 with respect to the construction work of this case, and there is no other evidence to acknowledge otherwise.

① The instant primary contract and the instant case.