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(영문) 광주고등법원(제주) 2020.08.12 2019나10745
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 15, 2014, the Defendant entered into a contract between the Defendant and C Co., Ltd. (hereinafter “C”) with C Co., Ltd. (hereinafter “C”) on December 15, 2014, and the Defendant entered into a contract with C for a construction project for the new hotel construction of the instant hotel E (hereinafter “instant total hotel”) from December 15, 2014 to December 15, 2015, setting the contract amount of KRW 5.5 billion as the contract period, and ② the completion date of the completion of the construction project on December 16, 2015 including the additional construction project (hereinafter “the completion date of the completion of the construction project”) and including the additional construction project equivalent to KRW 1.1 billion and the additional construction project (hereinafter “the additional construction project”) to August 15, 2016, including the value-added tax equivalent to KRW 100,000,000,000,000).

(As above, the “final modified construction contract” refers to the instant contract. (b)

On December 12, 2015, the Plaintiff entered into a contract with C to conclude a contract for construction (hereinafter referred to as “instant subcontract”) with the Plaintiff, setting the period of construction from December 12, 2015 to February 28, 2016 of the contract amount of KRW 720 million (including value-added tax) to which the Plaintiff would receive a subcontract with C during the instant entire construction period (hereinafter referred to as “instant subcontract”).

C. From December 30, 2015 to January 26, 2017, the Plaintiff received KRW 654,644,294 in total from C as the price of the instant construction project.

The instant hotel approved the use of the hotel in this case on August 1, 2017, and the hotel in this case consists of a main building, a separate building, and a commercial Dong.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 12, Eul evidence Nos. 1 and 7 (including each number), the purport of the whole pleadings

2. Determination as to the claim for the unpaid construction cost.

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