(영문) 서울고등법원 2018.08.16 2017나2003213

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(영문) 서울고등법원 2018.08.16 2017나2003213

공사대금

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1.The part concerning the principal action in the judgment of the first instance, including the claims added, expanded or reduced in this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On March 7, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant for each of the construction works (hereinafter “instant new construction works”) that newly constructs two factories (A, B, and hereinafter “instant factory”) on the land of Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant factory”) by setting the construction cost of KRW 1,815,00,000 (including value-added tax), the rate of delay in construction cost of KRW 20 per annum, and the period of construction from April 2, 2014 to July 31, 2014.

B. Since then, the contract was drawn up between the original and the Defendant on the changes in the construction cost or construction period under the above construction contract three times as listed below:

(In practice, there is a dispute between the parties as to whether a modified contract has been duly concluded as to whether such modified contract has been genuine. The construction cost (including won and value-added tax) as of May 8, 2014, the construction period of the following contract (including the construction cost) from May 20, 2014 to September 20, 2014, shall be from May 20, 2014 to November 30, 30, 2014;

Most of the new construction works of this case were executed by F awarded a subcontract from the Plaintiff using the name of E Co., Ltd. (hereinafter “E”).

[Ground for recognition] The Plaintiff and the Defendant concluded a modified contract on the Plaintiff’s claim for payment of the construction cost of the new construction in this case to KRW 2,013,00,000 (including value-added tax) with the purport of the entire pleadings and the claim for payment of the construction cost of the new construction in this case. Since the Plaintiff completed all of the new construction in this case, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 650,00,000 (i.e., construction cost of KRW 2,013,00,000 due to the modified contract - KRW 1,363,00,000).

A modified contract for the construction cost of the defendant's assertion is a false declaration of agreement.

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