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(영문) 서울고등법원 2018.05.16 2017나20021
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. The reasoning for this part of the facts by the court is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The summary of the Plaintiff’s assertion: ① KRW 620,432,90 remaining after deducting KRW 573,220,00 already paid from the total construction cost of each of the instant construction cost of KRW 1,193,652,90 (i.e., KRW 1,93,652,90 in - KRW 573,220,000 in - 573,220,000 in -) and ② Additional construction cost arising from additional construction of retaining walls, windows, and showers different from the original design drawings (in the construction site, KRW 20,000 in 20,00 in retaining walls at the construction site and KRW 4,50,00 in 4,50,000 in 2,30,300,639,600 in each of the instant buildings and gas charges paid on behalf of the Defendant (i.e., the total construction cost of KRW 2,484,000,3000.

3. The plaintiff's ground of claim of this case

A. According to the facts found above, the Plaintiff, the contractor of each of the instant contracts, newly constructed and completed each of the instant buildings in accordance with the said contract, and then delivered them to the Defendant, the contractor.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 573,220,90,00 for the total construction cost of each of the instant construction cost, which the Plaintiff had already received at KRW 1,193,652,90, and the remainder of KRW 620,432,90 for the construction cost (i.e., KRW 1,193,652,900 - KRW 573,220,000) and damages for delay.

B. (i) Claim for additional construction cost: (a) the Plaintiff’s assertion was not included in the design drawings and specifications at the time the Defendant received the construction permit for each of the instant construction works; (b) the retaining wall installation was not included in the design drawings and specifications; and (c) the Plaintiff’s filing of a civil petition by neighboring residents, which brought KRW 20,000,000, was additionally constructed on the south slope.

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