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(영문) 서울고등법원 2017.03.09 2016나2064655
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, except for a modification or a new argument in the trial as follows, and as such, the reasoning of the judgment of the court of first instance is as stated in the reasoning of Article 420 of the Civil Procedure Act.

After the 8th sentence of the first instance judgment, the Defendant added “the additional cost for civil works” under Article 27(6)1 of the above Act to the effect that “the additional cost for civil works ought to be deemed additional cost for civil works unrelated to earth and works. However, the incidental cost for civil works is not only prescribed under Article 27(5) of the above Act, but also, in light of the content of the above provision, it is difficult to regard the above “additional cost for civil works” as additional cost for civil works.”

The text of the judgment of the first instance is 12 pages 9,234,905 won (=59,234,905 won in excess of ready-mixed x 58,900 cubic meters x value-added tax shall be included) “59,234,905 won [=53,849,914 won in excess of ready-mixed x 914 x 58,900 cubic meters in excess of ready-mixed x 58,90 metres 5,384,991 won in value-added tax on the calculation sheet] of 12 pages 9,100.

The 6,000 won for Stile Ptile 340,000 won for Stile 3,974,000 won for Stile - 340,000 won for Stile - 3,974,000 won for Stile - 3,974,000 won for Stile transportation.

2. Additional determination

A. At least, the Plaintiff’s claim on the instant Saturdays was unreasonable, since at the time of concluding the subcontract on the instant Saturdays, Defendant Asia’s General Construction did not assume the responsibility for payment of the construction cost at least, at the time of concluding the subcontract on the instant Saturdays.

B. 1) Determination 1) On November 15, 2013, the subcontract agreement (as referred to in Section A’s 1’s 6. Payment of the Price” in Section A’s 1’s 6. Payment of the Price), “A. advance” was appropriated first with bank loans, and the above Corporation’s payment responsibility is entirely responsible to the owner, and the Asian General Construction State is not responsible for the payment of the money, and the documents at the time of the bank loan.

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