(영문) 서울고등법원 2018.12.11 2018나2038124

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(영문) 서울고등법원 2018.12.11 2018나2038124

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Facts of recognition;

A. Status 1 of the parties and key interested persons) The Plaintiff is a company that runs a soil construction business, an aesthetic and waterproofing construction business, etc. (2) The Defendant is a company that runs a construction business, a painting, a waterproof and waterproof construction business, etc.

3) The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives") shall be limited.

2) The apartment of this case (hereinafter referred to as the “instant apartment”) in Sungnam-gu, Sungnam-si.

B) The council of occupants’ representatives, on December 9, 201, concluded the instant contract and the instant subcontract. (1) The council of occupants’ representatives: (a) concluded each contract with the Plaintiff for the period of contract of KRW 1,199,00,000 (including value-added tax; hereinafter the same shall apply); and (b) the construction period of construction from December 15, 201 to June 30, 201, with each of the following dates:

(2) On December 12, 2011, the Plaintiff subcontracted the instant construction project to the Defendant collectively (hereinafter “instant subcontract”) by setting the contract amount of KRW 1,139,050,000, and the construction period from December 13, 201 to June 30, 2012, respectively (hereinafter “instant subcontract”).

(3) Around that time, the Defendant re-subcontracted the instant construction work to D at KRW 768,00,000 for the construction cost. On March 31, 2012, D discontinued the construction work, and re-subcontracted it to E on April 2012.

C. (1) The Plaintiff filed a claim with the council of occupants’ representatives for the payment of KRW 748,50,000 in total from December 20, 201 to July 4, 2012 pursuant to the instant contract (i.e., the commencement payment of KRW 421,50,000 based on the progress payment rate of KRW 327,00,000, and each value-added tax excluded). (ii) The Plaintiff filed a claim with the council of occupants’ representatives for the payment of KRW 67,50,000 (excluding value-added tax) for the progress payment of KRW 67,50,00 (excluding value-added tax) on June 20, 2012; however, the Plaintiff refused a dispute due to the leakage of the part executed by the council of occupants’ representatives.

유사 판례

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-서울동부지방법원 2014.07.08 2013가합106992

-수원지방법원 2017.02.09 2013가합19383

-광주고등법원 2015.10.23 2014나13722