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(영문) 서울고등법원 2017.01.11 2015나2041280
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On January 30, 2013, a contract was concluded between the Defendant and the instant building construction company (hereinafter “AD construction”) under which the construction cost was determined and awarded as KRW 2.4 billion (including value added tax) for the new construction of the ground education and research facilities B (C kindergarten; hereinafter “instant building”) and the scheduled completion date of completion of the construction works on October 30, 2013 and the said construction cost was changed to KRW 3.82 billion (including value added tax) with the Defendant on February 15, 2013.

(B) the contract between the defendant and the case construction (hereinafter referred to as the “instant contract”). (b)

On August 5, 2013, the Plaintiff started construction around 2013, the Plaintiff’s subcontract to accept a subcontract (hereinafter “instant subcontract”) with the amount of KRW 154,00,000 (including value-added tax) for windows, glass, and metal construction during the instant construction project as of September 25, 2013, and the scheduled completion date of construction works (hereinafter “instant subcontract”).

C. On October 15, 2013, the case construction reached an agreement with the Defendant on the following terms:

1. The date of completion shall be November 11, 2013;

2. In cases where submission of kindergarten authorization and permission documents is impossible due to the completion of construction as of November 11, 2013, the amount of 20,000,000 won shall be reduced from the daily amount of construction expenses paid on or after November 11, 2013 as compensation for delay.

3. When it is impossible to submit authorization and permission documents to the Office of Education due to a failure to complete construction by November 25, 2013, the contractor and the ice construction will waive all the construction works, and the remainder of the construction cost will not be claimed in entirety, and a civil or criminal objection shall not be raised even if the project owner directly performs the remaining construction works.

When a subcontractor was unable to receive a subcontract price, the defendant and the defendant directly subcontract price to the subcontractor on November 5, 2013.

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