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(영문) 서울고등법원 2018.10.05 2018나2007601
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, KRW 117,409,670 and its related thereto.

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiff entered into and revised a construction contract with the Defendant on May 21, 2015, with the cost of construction work KRW 1.577 billion (excluding value-added tax and construction period, January 5, 2015) for the reconstruction and interior works of Jongno-gu Seoul Metropolitan Government Ground C Exclusive Housing (hereinafter “instant building”) (hereinafter collectively referred to as “instant construction works”).

6. Along with the end of 30.30, the construction and the interior contract (Evidence A 5-1, 2) were concluded.

2) After that, the Plaintiff and the Defendant on June 15, 2015: (a) KRW 1.89 billion (value-added tax shall be increased separately; and (b) the construction period shall be extended from January 5, 2015.

9. 22. The extension shall be made up of 22.2. In the event that advance payment of KRW 150 million commences, 400 million in the first intermediate payment shall be paid up to March 6, 2015, and the second intermediate payment of KRW 600 million in the second intermediate payment;

5.6.6. The third part payment 100 million won;

6.17. 17. 4. 250 million won in the fourth intermediate payment;

7.1.1. The fifth intermediate payments of KRW 40 million;

7.22. 6. 100 million won in the sixth part payments;

8. As of November, 11, each payment of the balance of KRW 250,000,000 was made, and the final construction contract was concluded with the content that the Plaintiff’s completion of construction and the payment was made at the time of the completion of the remaining construction of the building (A evidence 6; hereinafter “instant construction contract”).

B. On September 9, 2015, the Plaintiff completed construction and delivered the instant building to the Defendant, and completed part of the remaining construction until September 22, 2015.2) Meanwhile, the Defendant paid the Plaintiff an advance payment of KRW 150 million on December 26, 2014. The Defendant paid the first and the sixth intermediate payment to the Plaintiff on each payment date specified in the instant construction contract, and paid the remainder KRW 50 million on September 24, 2015, out of the remainder of KRW 250 million on September 24, 2015.

9. Each payment was made in 25.

2. Summary of the parties’ assertion

A. The Defendant: (a) the Plaintiff completed the instant construction and delivered the instant building to the Defendant; (b) the Plaintiff KRW 100,000,000 and KRW 50,000,000,000 for the agreed construction cost.

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