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(영문) 서울고등법원 2018.06.22 2017나2069756
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 18,511,817 as well as to the plaintiff on January 2014.

Reasons

1. Basic facts

A. The defendant is the defendant

(b)bed;

Each painting construction work is the principal contractor who subcontracted to the Plaintiff, and the Plaintiff is the subcontractor who received a contract from the Defendant.

B. The Defendant, on February 13, 2014, refers to the Plaintiff on February 13, 2014, as “B painting construction work” (hereinafter “B painting construction work”).

(B) A construction period shall be extended from February 13, 2014 to October 31, 2014; the construction price shall be KRW 344,00,000 (including value-added tax; progress payment shall be included once a month; and the payment of completion completion payment shall be made within 60 days from the date of receipt of the object which is the completion date; hereinafter the same shall apply).

(2) On May 26, 2014, the Plaintiff entered into a contract to increase the construction cost of the said subcontract in KRW 344,445,00,00, respectively, and a modified contract to increase the construction cost of the said subcontract in KRW 351,310,000 on September 11, 2014.

3) From April 21, 2014 to January 26, 2015, the Defendant paid KRW 335,738,800 to the Plaintiff a total of KRW 335,738,800 as the construction cost. (c) On April 1, 2014, the Defendant subcontracted to the Plaintiff KRW 295,00,000 for a construction period of painting work (hereinafter “C painting work”) during the construction period from April 1, 2014 to May 31, 2015, and for the construction cost, KRW 295,00,000 for the Plaintiff.

2) The Plaintiff completed the C seal construction within the construction period. 3) The Defendant paid the Plaintiff the total sum of KRW 269,320,100 as the construction cost from June 20, 2014 to April 8, 2015.

D Seal construction work 1) The Defendant on March 27, 2014, on the Plaintiff on March 27, 2014 (hereinafter referred to as “D seal construction work”).

(2) From March 28, 2014 to July 20, 2015, the construction period was set at KRW 522,00,000, and the construction cost was set at KRW 522,00. 2) The Plaintiff completed the D construction within the construction period.

3) From August 20, 2014 to June 22, 2015, the Defendant paid a total of KRW 491,317,800 to the Plaintiff as construction cost. [Grounds for recognition] In the absence of dispute, Party A’s Evidence Nos. 1, 2, 6, 7, 182 through 196 (Additional Number).

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