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(영문) 부산고등법원 2020.07.23 2019나51959
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. On May 10, 2016, the Defendant concluded a contract for construction work between C and the Defendant (hereinafter “D-built construction work”) with respect to “D-built construction work on the G ground” from C operating D around May 10, 2016 (hereinafter “instant new construction work”).

(i) contract amount of KRW 5,995,00,000 (including value-added tax; hereinafter the same shall apply)

(2) Since June 3, 2016 to November 30, 2016, the contract for construction works was finally modified by contract amounting to KRW 4,895,00,000, and the construction period from June 3, 2016 to February 28, 2017, respectively.

B. On May 15, 2016, the Plaintiff was awarded a subcontract with the Defendant regarding the partial process between the Plaintiff and the Defendant with each of the contract amounting to KRW 1,749,00,000 among the instant new construction works, and the construction period from May 25, 2016 to November 30, 2016 (hereinafter “1 subcontract”).

(2) On October 20, 2016, the Plaintiff was awarded a subcontract by the Defendant for the 63,030,000 won of the contract price and the construction period from October 20, 2016 to November 30, 2016, among the new construction works in this case.

(C) The Plaintiff and the Defendant concluded a modified contract to extend the construction period of the first subcontract from May 25, 2016 to January 31, 2017, respectively, from October 2016 to January 31, 2017. (c) The Defendant, from July 19, 2016 to December 30, 2016, extended the construction period of the second subcontract from October 20, 2016 to January 31, 2017.

2 The Plaintiff completed construction works under each of the instant subcontract around January 2017, and the Defendant completed the instant new construction works around February 2017.

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