logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2018.07.05 2017나55186
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for this part of the basic fact is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to claims for accounts payable during the contract price

A. The summary of the Plaintiff’s assertion 1) The Defendant’s summary of the Plaintiff’s assertion is KRW 44,000,000 (value added tax; hereinafter the same shall apply) for construction cost under the instant land construction contract.

Since only KRW 38,700,000 among them was paid, the remainder of KRW 5,300,000 is obligated to pay the Plaintiff the remainder of KRW 2,00,000. 2) The Defendant’s summary of argument was paid the construction cost of KRW 44,00,000 under the instant soil construction contract to the Plaintiff.

B. The fact that the Plaintiff completed the soil construction in this case is as seen earlier, and the Plaintiff was paid KRW 38,700,000 for the construction cost in this part.

With respect to whether the Defendant paid the remainder of the agreed soil works, it is not sufficient to recognize the payment only on the basis of each statement of evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

Rather, according to the statement in Eul evidence No. 2, the remaining money claimed by the defendant as the construction cost is recognized as being paid as the construction cost and the cost of file materials according to the instant provisional facility construction contract.

Therefore, we cannot accept this part of the defendant's argument.

C. Therefore, the Defendant is liable to pay the Plaintiff the amount payable for the construction cost of KRW 5,300,000 (=44,000,000 - KRW 38,700,000) and delay damages therefrom, among the construction cost under the instant land construction contract.

3. Determination as to the claim for additional construction cost

A. The summary of the allegations by the parties 1 Plaintiff: (a) The Plaintiff, under the direction of D, the head of the Defendant’s field director, carried out an additional construction project that was not included in the scope of the instant earth and facility construction.

If calculated according to the increased quantity, the additional construction amount of the soil corporation to be located within the scope of 205,800,000 and the Corporation for Home Facilities.

arrow