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(영문) 서울중앙지방법원 2017.08.10 2016나72428
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. The Plaintiff is a corporation that conducts construction business, etc. with the trade name of “B”, and the Defendant is a corporation that conducts construction business, etc.

B. 1) On June 2015, the Plaintiff: (a) among the Defendant’s new construction works for the ground neighborhood living facilities and multi-household dwelling facilities in Seodaemun-gu Seoul, Seoul, which the Defendant contracted by the Defendant; and (b) the waterproof Construction Work (hereinafter “instant construction work”).

(2) On July 16, 2015, the Plaintiff and the Defendant set the construction cost of the instant construction as KRW 17,700,000 per square meter (hereinafter “the construction cost of this case”) by multiplying the total floor area of the said new building by KRW 584.57 square meters per square meter (17 square meters).

On the other hand, the above construction contract and other matters column state that "one floor may be adjusted at the time of final adjustment (it can be changed to the contract amount)", and at the bottom of the above construction contract, it is stated that "the above contract amount shall include all the scope falling under the section below the unit price per square year."

C. On August 15, 2015, the Plaintiff completed the instant construction work upon receipt of the instant subcontract, and received KRW 10,000,000 from the Defendant for the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8, Eul evidence No. 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the purport of Gap evidence Nos. 1 through 9 of the judgment as to the cause of the claim and the whole pleadings, the defendant did not pay the plaintiff the balance of the construction cost of this case (i.e., KRW 17,700,000 - the term payment of KRW 10,000). The plaintiff added the construction cost of KRW 1,280,000 at the defendant's request during the construction process of this case (i.e., the wage of KRW 1,070,000 (= KRW 210,000), and the plaintiff purchased and managed the materials required for the construction of this case on behalf of the defendant while receiving the material purchase price separately from the defendant. Accordingly, the plaintiff purchased and managed the materials required for the construction of this case.

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