2018Da23582. Construction price

A Stock Company

B Stock Company

Attorney Lee Han-ro, Counsel for the defendant-appellant

Busan High Court Decision 2016Na1564 Decided February 1, 2018

July 12, 2017

The part of the judgment below against the defendant is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal are examined.

According to the reasoning of the lower judgment and the record, the Plaintiff filed a lawsuit of this case against the Defendant for the payment of the payment of the construction cost, etc. on June 30, 2014, after executing the construction of a new factory by contract with the Defendant on April 2, 2013 (hereinafter “instant construction”). The Plaintiff asserted that the amount paid by the Defendant in connection with the instant construction was KRW 146,183,000 ( = 70,000,000 on June 24, 2013 + + KRW 53,083,000 on September 17, 2013 + KRW 23,100,000 on D electrical construction + KRW 23,000 on D electrical construction + KRW 143,083,00 on June 24, 2013 + KRW 30,000 on May 30, 2010.

However, the court below erred in 166,183,00 won ( = 143,083,000 + 23,100,000 won) in excess of the amount claimed by the parties to the contract as a result of the Plaintiff’s assertion based on the comprehensive consideration of the adopted evidence. In so doing, the court below erred in violation of the principle of pleading.

The lower judgment adversely affected the determination. The ground of appeal assigning this error is with merit.

Therefore, the part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-sik, Counsel for the defendant

Justices Kim Chang-tae, Counsel for the defendant

Justices Cho Jong-hee.

Justices Min Min-young