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(영문) 서울고등법원 2019.05.10 2018나2036418
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of this court’s judgment on this part of the basic facts is as stated in paragraph (1) of the reasoning of the judgment of the first instance, and such judgment is cited in accordance with Article 420 of the Civil Procedure Act.

2. Determination on the claim for the basic construction cost under the instant construction contract

A. The gist of the parties’ assertion 1) At the time of entering into the instant construction contract with D on behalf of the Defendants, the Plaintiff prepared the construction contract (Evidence A 2, hereinafter “instant construction contract”) and set forth the contents of the instant construction contract. The construction cost therefrom is KRW 1.196 billion in the construction cost and KRW 1.196 million in the total amount of value-added tax of KRW 1.315 billion in the construction cost.

(B) The Defendants agreed to pay only KRW 1470 million for the construction cost under the instant construction contract (i.e., KRW 15.6 million - KRW 1.177 billion - delay damages) and the remainder of the construction cost (i.e., KRW 1.., KRW 15.6 million - KRW 1.3177 billion) as the Defendants did not confirm the need for a formal contract due to their tax return from the Plaintiff, and sign and seal on the instant construction contract without confirming the content that the Defendants signed and sealed the instant construction contract. (ii) The Defendants agreed to pay KRW 1196 million for the construction cost in return for the construction of the instant building under the currently completed condition, including all additional construction works at the time of the conclusion of the instant construction contract.

B. As long as the authenticity of the content of the instant construction contract is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document, unless there is any clear and acceptable evidence to deny the content of the document, and without a reasonable reasoning.

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