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(영문) 서울고등법원 2018.05.11 2016나208459
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. On July 2011, the Defendant (the trade name was changed to the Defendant at the Hansung Industrial Co., Ltd., Ltd., on May 12, 2015; hereinafter collectively referred to as “Defendant”) offered a bid to select a contractor for a new construction of the Jung-gu Seoul, Jung-gu, Seoul (hereinafter referred to as “instant hotel”)’s ground seamen hotel (hereinafter referred to as “instant construction”).

B. On August 16, 201, the Plaintiff participated in the said bidding and was awarded the instant construction contract, and entered into a contract with the Defendant on a total of KRW 6 billion (excluding value-added tax; hereinafter the same shall apply) and the construction period from August 22, 201 to September 30, 201, setting the rate of liquidated damages and the rate of delayed payment at 1/1,000 per day (hereinafter “instant contract”).

C. On September 30, 2012, the Plaintiff and the Defendant concluded a modified contract with the content that the instant construction period should be extended from September 30, 2012 to December 31, 2012, and the instant construction period should be extended from December 31, 2012 to February 28, 2013, respectively.

On March 6, 2013, the Plaintiff filed an application for the approval for use of the hotel of this case to obtain approval for use on March 19, 2013.

E. The Plaintiff was not paid KRW 218,727,273 of the construction price under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 35 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim for the unpaid construction cost and additional construction cost

A. The Plaintiff’s assertion is obligated to pay the Plaintiff the unpaid construction cost of KRW 240,60,00,00, and the additional construction cost of KRW 660,918,866, and the total amount of KRW 901,518,866, including value-added tax.

B. 1) As to the unpaid construction cost, KRW 218,727,273 out of the construction cost under the instant contract is unpaid. As seen earlier.

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