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(영문) 서울고등법원 2016.10.25 2015나2022548
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On September 4, 2011, the Plaintiff’s agent L and B concluded a construction contract (hereinafter “instant construction contract”) with the Plaintiff from the Defendants and B (hereinafter “Defendant, etc.”) to newly construct the eight-story aggregate building (hereinafter “instant condominium building”) on the ground of Eunpyeong-gu Seoul (hereinafter “instant land”) (hereinafter “instant aggregate building”) by setting the construction cost of KRW 756,80,00 (including value-added tax) and the construction cost of the instant construction from September 201 to December 201 (hereinafter “instant construction contract”).

According to the construction standard contract (Evidence A) for construction works, the name of the defendant, etc. and the plaintiff is indicated and sealed as follows as the "owner" and "contractor" who are the parties to the construction contract of this case.

K K D S A NB C

B. The Plaintiff and B agreed on December 31, 2012 to determine the unpaid construction cost under the instant construction contract as KRW 290,000,000 (hereinafter “instant agreement”); L, on behalf of the Plaintiff, B, and Defendant C, on January 11, 2013, as to the instant agreement, a notary public obtained the authentication of a deed signed by a private person on behalf of the Plaintiff, B, and Defendant C from the New Village of Law Firm, etc. (141).

According to the Certificate (No. 3), the parties to the instant agreement are indicated as the owner of the Plaintiff (A) and the instant construction site (B). At the bottom of the agreement, the names of the Plaintiff, B, and Defendant C are indicated as follows, and C’s seal imprints are sealed.

A. Meanwhile, Paragraph 1 of the Special Agreement provides that “The term of payment of the construction cost of this case shall be calculated as three months from the completion of finishing construction and the time of sale after obtaining completion of construction work.”

C. On January 2013, the Plaintiff, including the completion of the instant construction, suspended the instant construction, and B completed the instant construction by requesting another construction business entity to complete the instant construction. As to the instant aggregate building on January 22, 2013.

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