(영문) 서울고등법원 2018.01.09 2017나2038264

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(영문) 서울고등법원 2018.01.09 2017나2038264

추심금

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. Construction contract 1) The Defendant is a land building corporation on January 19, 2015 (hereinafter “branch building”) and the Defendant.

B) As to the civil engineering works among the “new construction works” in the “B-New Construction Works,” the Defendant entered into a subcontract agreement between January 19, 2015 to May 31, 2016, with the construction period of KRW 8,600,000,00. 2) On June 3, 2015, the lower court concluded a subcontract modification agreement (including the modification agreement) that increases the construction price of KRW 8,749,325,00, and KRW 8,808,215,00 on November 20, 2015.

3) On December 3, 2015, Subdivision waived the instant construction contract with the Defendant on the same day, and terminated the instant construction contract. The main contents of the instant construction contract are as follows. On December 3, 2015, the date of the contract (including purchase tax and taxation charges) 8,808,215,000 won (including purchase tax and taxation charges) of the contract amount of the construction works among the new construction works under the name of the public contractor B, the contract amount of which is KRW 8,808,215,00, and on January 19, 2015, the said contract amount was unable to continue to perform the construction works due to the stove and other settlement after December 03, 2015, the following is agreed to be 0,000 won for the remaining construction works, 00,000 won for the first time after the suspension of construction works (including December 03, 2015) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

B. As to the Plaintiff’s claim for the construction price of this case, the Plaintiff, as the claim for the purchase price of the goods of KRW 648,754,685, which was held against the land of this case, shall be deemed as the claim for the sale price of the goods of KRW 648,754,685, which was held against the land of this case. The Plaintiff’s claim for the construction price of this case against the land of this case,

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