logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.01.30 2018나55
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Defendant (F) was awarded a contract for the new construction of D D D’s D in light of the broad time from CBC (hereinafter “CB”) and was awarded a contract for the new construction of EBC in Kimcheon-si (hereinafter “EB”) by EBC.

B. On May 9, 2012, the Defendant awarded a subcontract to the Plaintiff by setting the construction cost of KRW 506,000,000 (including value-added tax), the construction period from May 9, 2012 to August 30, 2012, with the penalty rate of KRW 10/1000, among the new construction works of the Chys Association (hereinafter “Chys Association”).

C. On August 14, 2012, the Defendant awarded a subcontract to the Plaintiff, setting the construction cost of KRW 181,500,000 (including value-added tax), the construction period from August 14, 2012 to November 30, 2012, with the penalty rate of KRW 10/100 (10/100) among the new construction works of the Edemine Association.

On August 30, 2012, the Plaintiff and the Defendant entered into a subcontract modification agreement (hereinafter “instant modification agreement”) with the content that the term of construction works of the Cridge from August 30, 2012 to October 31, 2012 was changed from August 30, 2012.

E. On November 30, 2012, the Plaintiff completed the Educ construction, and completed the Cduc construction on April 3, 2013.

F. The Plaintiff received each payment of KRW 179,200,000 in total from the Defendant as the construction cost of the C Educational Association and KRW 313,350,000 in total, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 15 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 194,950,000,000 (i.e., KRW 506,00,000 - KRW 313,350,000), the balance of the construction cost of the Egypt (i.e., KRW 181,50,000 (= KRW 179,200), and delay damages therefrom (i.e., KRW 194,950,00).

B. The Plaintiff, due to the alteration work or the additional construction work, has paid 560,340,000 won for the construction work between the Defendant and the Defendant, and 240,61.

arrow