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Reasons
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(영문) 부산고등법원 (창원) 2017.03.30 2016나21578
공사대금
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On June 7, 2014, the Defendant concluded a contract (hereinafter “instant contract”) with C Co., Ltd. (hereinafter “C”) by setting the construction cost of KRW 649,000,000, and the construction period from June 9, 2014 to November 8, 2014, with respect to the “E detached Housing Construction Works” on the land outside D and five parcels owned by the Defendant (hereinafter “instant construction”).

The Plaintiff, as the site director of C, actually carried out the instant construction work.

B. The instant construction project was completed on December 2014, and the construction cost of KRW 49,110,000 was additionally incurred due to additional construction works and electrical installation works, etc., in addition to the construction cost stipulated in the instant contract.

C. On September 5, 2014, the Defendant transferred KRW 298,620,000 to the Plaintiff’s account, KRW 4,000,000, and KRW 253,620,000 on September 6, 2014, and KRW 253,620,000 on September 17, 2014, and KRW 5,000 on October 5, 2014, respectively, and paid KRW 6,00,00 in cash to the Plaintiff on September 5, 2014.

◎ 공사명 : E 단독주택 신축공사 ◎ 소재지 : 거제시 D 외 5필지 ◎ 공사금액(최초계약금) : 649,000,000원(부가세 포함) ◎ 공사금액(단지외추가공사) : 42,900,000원(부가세 포함) ◎ 공사금액(전기설치및대불금) : 6,210,000원 ◎ 공사금액(전체합계) : 698,110,000원 ◎ 공사금액(지급금액) : 298,620,000원 ◎ 공사금액(미지급잔액) : 399,490,000원 내 용 공사완료 확인서와 같이 공사완료 하였으며, 미지급 잔액인 399,490,000원을 다음과 같이 도급인은 수급인에게 지불할 것을 정히 각서한다.

Next (Methods and timing of payment)

1. Of the above-paid balance 399,490,000 won, approximately KRW 120,000,000, which is funds for urgent measures at the site, such as equipment, materials, and personnel inputs in the process of completing the construction of the current site, shall be paid up to January 15, 2015, with the top priority.

2. On February 26, 2015, where payment of an urgent amount at the site is partially delayed due to extenuating circumstances.

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