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(영문) 서울고등법원 2019.09.04 2018나2057248

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. On March 23, 2016, the Plaintiff concluded a contract with the Defendant for the construction of three Dong buildings located in Pyeongtaek-si C (hereinafter “instant building”) (hereinafter “instant construction”) (hereinafter “instant contract”).

The construction cost stipulated in the instant contract is KRW 1,397,00,000 (including surtax; hereinafter referred to as “the construction cost in this case”) and the construction period is from April 1, 2016 to July 15, 2016.

B. On April 12, 2016, the Plaintiff began the instant construction after obtaining approval for the commencement of construction from Pyeongtaek-si.

C. On July 12, 2016, the Defendant drafted a modified contract to extend the scheduled completion date to August 31, 2016 at the Plaintiff’s request (hereinafter “instant modified contract”). D.

The Plaintiff completed the instant construction on October 2016, and obtained approval for use on October 11, 2016, and delivered the instant building to the Defendant around that time.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant agreed to separately settle the construction cost at the time of entering into the instant contract or thereafter to pay the soil construction cost, basic retaining wall construction cost, and incidental civil construction cost separately.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 219,163,554, separate from the instant construction cost (= KRW 62,062,591, which is the basic retaining wall construction cost of KRW 52,014,493, which is the incidental construction cost of KRW 105,086,470).

B. After the contract of this case, the Plaintiff performed machinery and equipment works, electrical construction works and various changes and additional works (such as changing the color of the board, installation of a sign board scarf system, additional installation of external stairs hand-on, additional installation of external stairs hand-on, etc.) at the Defendant’s request.

Therefore, the Defendant’s additional construction cost of KRW 29,297,513 = Mechanical construction cost of KRW 12,730,336.