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(영문) 서울고등법원 2016.09.02 2015나25497
공사대금
Text

1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, exceed the amount ordered to be paid:

Reasons

1. Basic facts

A. The plaintiff is a corporation that carries on construction business and engineering work, and the defendant is a corporation that carries on electric power resource development and sales business.

B. Around February 15, 2011, the Defendant owned 2,380/4,231 shares of 2,331 square meters of the Dagdong-gu, Yeongdeungpo-gu (hereinafter “C forest”). D and E purchased the said F forest land of KRW 6843 square meters (hereinafter “F forest”) from G and H in KRW 860 million on May 31, 201.

On January 2012, 2012, I and D, the Defendant’s representative director, filed an application for a construction permit that allows the construction of Class I neighborhood living facilities on the ground of the said C forest land, F forest land, and 4,393 square meters (hereinafter “instant land”). On March 13, 2012, I and D received a construction permit (new construction, development activities, deemed conversion of mountainous districts; hereinafter “instant building permit”; hereinafter “instant development permit”; and hereinafter “instant mountainous district conversion permission, etc.”) (hereinafter “instant building permit, etc.”).

C. On April 6, 2012, the Plaintiff entered into a construction contract with I and the construction cost of KRW 21.20 million, and the construction period from April 10, 2012 to June 30, 2012, stipulating that the Plaintiff shall pay 10% of the Plaintiff’s performed construction work amount as the Plaintiff’s profit, and that the Plaintiff shall perform ground civil engineering works on the part for which the instant building permit, etc. was granted (hereinafter “instant construction contract”) among C forest and fields (hereinafter “instant construction contract”).

In addition, on April 6, 2012, the Plaintiff entered into a construction contract with the Plaintiff to perform ground civil engineering works on the part of which the instant building permit was granted as above among D and F forest land.

On June 28, 2012, the Plaintiff entered into a contract with the Defendant to change the construction period from June 28, 2012 to August 15, 2012, with the contractor for the instant construction contract at KRW 143,00,000,000, and the construction period from June 28, 2012.

E. Since August 10, 2012, the Plaintiff and the Defendant extended the construction period of the instant construction works until August 31, 2012, and the changed construction contract on October 11, 2012.

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