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(영문) 서울고등법원 2016.09.30 2016나2018034
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The following facts are acknowledged in light of the overall purport of the pleadings in each entry in Gap evidence Nos. 2 and 4, or there is no dispute between the parties or by considering the whole purport of the pleadings:

A. On July 20, 2012, the Plaintiff entered into a contract with the Defendant for the interior, etc. (hereinafter “instant construction”) of the interior, etc. (hereinafter “instant construction”) of “G clothing sales outlet (A1, A2, B1, B2, and C; hereinafter collectively referred to as “instant building”) on the ground of “G” (hereinafter “instant construction contract”), and submitted a written estimate of KRW 172,50,000 for the construction cost (hereinafter “the instant written estimate”) to the Defendant.

B. After the conclusion of the instant contract, the Plaintiff agreed to exclude the construction work amounting to KRW 37,200,000 on the written estimate with the Defendant.

C. Around March 2013, the Plaintiff agreed to perform the instant additional construction (hereinafter “instant additional construction”) at the Defendant’s request (hereinafter “instant additional construction contract”); written estimates of KRW 99,700,000 for the construction cost; written estimates of KRW 3,200,000 for the instant additional construction work; written estimates of KRW 2,920,000 for the instant additional construction work; and written estimates of KRW 2,000 for the warehouse installation around March 26, 2013 for the warehouse installation (hereinafter “instant additional estimates”), and submitted them to the Defendant, respectively.

From September 2012, the Plaintiff commenced the instant construction from around September 2012, and completed all remaining parts, excluding part of the toilet construction, etc. among the construction works stated in the estimates and additional estimates.

2. The parties' assertion

A. The Plaintiff submitted the instant quotation and additional quotation to the Defendant, and agreed to perform the construction work in accordance with the said quotation with the Defendant, and completed all the construction work under the instant contract and the additional contract.

Therefore, the total construction cost of the instant construction and additional construction works (hereinafter “the construction cost of the instant case”) shall be subject to this.

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