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(영문) 부산고등법원 2019.10.31 2017나59034 (1)
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 10, 201, the Plaintiff entered into a construction contract with the Defendant (C Co., Ltd.) on the land for the construction of the Defendant’s fishery product processing plant (hereinafter “instant building”) on the land outside Gangseo-gu Busan and 13 lots for the construction period from November 14, 201 to July 31, 2012 (hereinafter “instant construction contract”). The construction cost of KRW 4,350,000,000 in total for construction cost (i.e., the portion of the site development project, KRW 560,00,00 in total, KRW 3,790,000 in the portion of the site construction project, and KRW 560,790,000 in the portion of the site construction project, and value-added tax) to receive a contract (hereinafter “instant contract”).

Since then, the Plaintiff and the Defendant changed the completion period of the instant construction to September 30, 2013.

B. The Plaintiff completed the instant construction, and the Defendant obtained approval for the use of the instant building on May 19, 2014.

C. The Defendant paid to the Plaintiff the total amount of KRW 4,350,000 (excluding value-added tax) agreed upon in the instant contract.

In addition, the defendant paid KRW 100 million to the plaintiff on March 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence No. 1-2, Eul evidence No. 6, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the evidence No. 1-2, No. 1-2, No. 2-1, No. 2-2, No. 1-2, No. 2-1, No. 2-1, No. 2-1, and No. 2-1 of the evidence No. 2-1, the testimony of the witness I, the appraiser E by the court of the first instance, the result of the appraiser E by the court of the first instance, and the whole purport of each fact-finding and the pleading by the court of first instance as to the Plaintiff’s additional construction, the Defendant provided that the Plaintiff shall pay the additional construction cost to the Plaintiff following the confirmation procedure. The Plaintiff conducted the additional construction not included in the agreed construction scope at the time of entering into the instant contract as listed below. The additional construction cost is the fact that there is a ground for the said additional construction cost.

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