(영문) 서울고등법원 2014.12.24 2014나12227

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(영문) 서울고등법원 2014.12.24 2014나12227

공사대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought the payment of the construction cost (236,50,000 won) and the cost of materials (79,20,000 won) to the Defendant. The first instance court accepted the claim for the construction cost among them, and dismissed the claim for the cost of materials.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim for the construction cost.

2. Basic facts

A. On June 4, 2010, the Plaintiff was awarded a subcontract for the installation of civil engineering and soil facilities (hereinafter “instant construction”) from the Defendant, among the construction works for the 847-7 East-gu Gamna, Young-gu, Seoul Special Metropolitan City 847-7 East Gamna, which was awarded a contract for construction costs of KRW 489,50,000 (including value-added tax).

B. The Plaintiff completed the instant construction work on October 15, 2010, but the Defendant did not pay any balance of KRW 170,500,000 (including value-added tax) out of the agreed construction cost, and the Plaintiff did not dismantle the Esn beam beam (H-Be) and the round trial installed at the instant construction site.

C. Around March 2011, the Plaintiff and the Defendant agreed to pay KRW 66,00,00 (including value-added tax) to the Defendant when the Plaintiff completes the dissolution work of the said E-Bam and the re-trial, and the Plaintiff completed the said work around March 20, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3, Gap evidence 2-2, 3-3, testimony and video of the first instance court witness B, the purport of the whole pleadings

3. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant is deemed to have a reasonable ground for dispute as to the existence and scope of the Defendant’s obligation to perform as to the Plaintiff from January 8, 2013 to January 8, 2013, on the following day of the record: (a) the sum of KRW 170,500,000 payable (including value-added tax) and KRW 66,00,000,000 for construction work under the agreement on the dissolution work of the instant construction work and the E-Bam (including value-added tax) and the dissolution work of the re-trial trial; and (b) the amount of KRW 236,50,000,000,

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