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(영문) 서울고등법원 2015.02.05 2014나10528
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) who ordered additional payment below.

Reasons

1. Basic facts

A. The plaintiff A is an individual entrepreneur who is engaged in landscaping planting business, etc. in the trade name of "B", and the plaintiff scenary landscape is a company engaged in landscaping planting business, etc., and the defendant is a company engaged in housing construction business, etc.

B. 1) On December 2, 2010, Plaintiff A entered into a contract with the Defendant for the work of planting trees and installing landscaping facilities on the plot of land (children’s park D), E, four parcels of land (children’s park F), G, and five parcels of land ( neighboring parks) outside of G (H), and on December 2, 2010 (hereinafter “I Park”).

(1) The I Park Corporation (hereinafter referred to as the “I Park Corporation”)

(2) The contract amount of KRW 2,245,100,000 (i.e., direct cost of KRW 2,003,750,962) = KRW 37,249,038 value-added tax of KRW 204,10,00 = (Direct cost of KRW 2,003,750,962 indirect cost of KRW 37,249,038) x 10%) x the construction period from December 2, 2010 to March 31, 201. The contract was concluded to receive the payment for late payment on the last day of each month within the 20th day of the following month (hereinafter “I Park Contract”).

(2) On December 2, 2010, Plaintiff A concluded a contract with the Defendant for construction works planting trees and creating a park (hereinafter referred to as “neighborhood park”) (hereinafter referred to as “neighborhood park construction works”) from the Defendant on December 2, 2010 (i.e., the contract amount of KRW 471,90,000 for indirect costs of KRW 419,590,692 for indirect costs of KRW 9,409,308 for value-added tax of KRW 42,90,00 for value-added tax of KRW 42,90,300 for indirect costs of KRW 419,590,692 for KRW 9,409,308 for indirect costs of KRW 419,69,692) x 10%) for the construction period from December 2, 201 to March 31, 2010 for the construction price to be paid within the last day of the following month.

(2) On April 19, 201, Plaintiff 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and Defendant 1 and

2) The term “the instant construction” refers to each of the following works: (a) the term “the principal park construction” (hereinafter referred to as “the principal park construction”) and the term “the term “the term” as “the term “the term” in this case.

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