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(영문) 서울고등법원 2017.10.27 2016나2051109
공사대금
Text

1. Of the judgment of the court of first instance, the claim for payment, such as the cost of sexual construction exceeding the amount ordered to be paid below.

Reasons

1. Basic facts

A. 1) On January 23, 2014, the Plaintiff engaged in construction business under the name of “C” (i.e., the conclusion of the instant contract) and the Plaintiff’s house for the combined use of four-story stores on the ground D from the Defendant on the following grounds:

2) New construction work (the “instant construction work”)

On February 15, 2014, the date of completion, June 15, 2014, the date of completion, June 30, 2014, the contract amount of 549,00,000 won [16.59 square meters per square day 】 3,300,000 won for value-added tax, the intermediate payment of 145,100 won (three-time payment from among external wall works), the balance of 100,000 won (three-day payment), the balance of 249,000 won (two-day payment after completion of construction works), the contract amount of 5,00,000 won [10-day payment after completion of construction works], the rate of penalty for delay of 00,000 won for delayed payment of 30,000 won (i.e., the rate of penalty for delay of 100,300,000 won for delayed payment]

[2] Each contract was awarded with each other (hereinafter “instant contract”).

(2) Upon entering into the said contract, the Plaintiff entered into a building design contract with E Co., Ltd., a design office designated by the Defendant on the date of the said contract, and entered into a contract for manufacture, sale, and installation of an elevator at KRW 35,750,00 (including value-added tax) with E Co., Ltd., a design office designated by the Defendant on the date of the said contract, and entered into a contract for manufacture, sale, and installation of an elevator at KRW 35,750,000 (including value-added tax) with E Co., Ltd. on March 2014, and around April 1, 2014.

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