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(영문) 서울고등법원 2014.11.20 2013나2032114
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's selective claims added in the trial are dismissed.

3. Appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the parties’ assertion

A. The plaintiff's assertion 1) The plaintiff and the defendant did not set the price for the first and second construction works of this case and agreed to the defendant to settle the actual expenses incurred until the plaintiff completed each construction work.

The Plaintiff spent KRW 216,302,348 (excluding value-added tax) as the construction cost of the instant 1 project and KRW 298,00,000 as the construction cost of the instant 2 project.

However, the Defendant, including value-added tax, paid only KRW 165,00,00 in total as the price for the instant construction project, and KRW 231,660,00,00 in total as the price for the instant construction project, which is KRW 184,072,583 [=87,932,583 won = 237,932,583 won [i.e., KRW 216,302,348 won + KRW 21,630,235] - The Plaintiff received KRW 165,00,000 from the Defendant as the price for the instant construction project, while the Defendant calculated the amount of the construction project under the premise that the total sum of the price for the instant construction project paid by the Defendant is KRW 150,00,000,000 from the Defendant.

[See] 96,140,000 won = 327,80,000 won (=298,000,000 won) - 231,660,000 won]

B) The Plaintiff and the Defendant did not prepare a subcontract agreement with regard to the instant First and Second Works. The Plaintiff and the Defendant did not prepare a written subcontract agreement stating the subcontract consideration, etc. The Plaintiff, following the completion of the instant First Works. A written estimate (hereinafter “written estimate 1”) stating that the estimated price is KRW 216,302,348 (excluding value-added tax) to the Defendant on April 9, 2012.

B) A written estimate (hereinafter referred to as “written estimate 2”) stating that the estimated amount of around July 18, 2012, which was after the completion of the instant 2 construction, is KRW 298,00,000 (value-added tax separate) (hereinafter referred to as “written estimate 2”), and including the first written estimate and the second written estimate.

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