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(영문) 서울고등법원 2017.03.24 2016나1214
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning of the judgment of the first instance court of basic facts shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. According to the above facts as to the part of the construction cost stipulated in the instant construction contract, the Defendant is obligated to pay the Plaintiff KRW 114,400,000,00, which remains after deducting the total of KRW 127,600,000 (=Advance 72,600,000 intermediate payment of KRW 55,000) from the construction cost stipulated in the instant construction contract.

B. 1) In addition to the original construction contract of this case, the Plaintiff’s assertion as to the portion of the additional construction cost, as well as the original construction contract of this case, the additional construction was carried out under the Defendant’s work order by the head of the Defendant’s field management office. On January 14, 2014, the Plaintiff’s vice president, the head of the field office, the head of the Defendant company, the representative director, and the head of the business office are gathered to hold a meeting and made an explicit and implied agreement on the additional construction, the Defendant is obligated to pay the additional construction cost of KRW 91,905

B) Unless an agreement on additional construction is reached, the Defendant acquires unjust enrichment equivalent to the construction cost for the portion of the additional construction work performed by the Plaintiff without any legal cause, and thus, is obligated to return it to the Plaintiff. 2) The following facts are acknowledged in full view of the evidence Nos. 1, 3, 4, 5, 15, 32, 38 (including paper numbers; hereinafter the same shall apply), Eul’s evidence Nos. 1, 2, 9, 10, 11, and 13, the testimony or video of the witness F of the trial court, the appraisal result of the appraiser D (hereinafter “ appraiser”) and the purport of the entire argument as to the appraiser of this court.

A. When entering into the instant construction contract, the Defendant “1. Cost account statement for the Plaintiff;

2. The scope of the project;

3. a process list;

4. Totalizations;

5. A contract statement (Evidence No. 1) was issued in excess of 40 pages, which consists of each item of the “contract statement”, and in particular, “5. Contract statement”

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