logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.07.05 2016나10986
공사대금
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The defendant shall make the plaintiff 1,245,049.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the construction business, and the Defendant is a company that manufactures and sells automobile parts, machinery tools, etc.

B. On April 9, 2013, the Plaintiff: (a) concluded a new construction of a Defendant B factory (hereinafter “instant factory”) from the Defendant (hereinafter “instant construction”) by determining the contract amount to KRW 15 billion (excluding value-added tax) and the construction period to October 8, 2013 (hereinafter “instant contract”).

C. On August 29, 2013, the Plaintiff and the Defendant agreed to reduce the contract amount by 1.1 billion won (excluding value-added tax) in the initial amount, reflecting the modification of the design, such as “he heating and cooling system change, deletion of parking lots, family joint walls change, ethyl day change, basic files and reduction of the volume of devices,” etc. (Article 1-1-2).

On December 11, 2013, the Plaintiff obtained approval for the use of the instant factory, and submitted the completion document to the Defendant on January 15, 2014.

E. Meanwhile, the Defendant paid KRW 12.265 billion to the Plaintiff by December 11, 2013, and paid KRW 1.31 billion on April 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 9, 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The fact that the Plaintiff completed the instant construction and completed the construction of the instant factory, and then delivered it to the Defendant is as seen earlier. As such, the construction cost to be paid by the Defendant to the Plaintiff under the instant contract is KRW 15.29 billion (=value 13.9 billion value-added tax of KRW 13.9 billion).

B. The part acknowledged as additional construction cost 1) The Plaintiff, upon consultation with the Defendant, performed the additional construction in the course of performing the instant construction project, and each of the construction cost indicated below [Additional Construction Price Schedule] is not reflected in the instant contract (hereinafter “Additional Construction Price Schedule”).

In fact, there is no dispute between the parties.

arrow