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(영문) 대구고등법원 2016.01.28 2015나21234
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the order of additional payment shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 3 through 9, 12, and Eul evidence No. 7 and the purport of the whole pleadings.

On July 6, 2012, the Plaintiff entered into a contract with the Defendant to conclude a contract with the Defendant to supply and demand the creation work (hereinafter “instant construction work”) of the housing site A in Daegu-gun (hereinafter “instant housing site”) from the Defendant, Daegu-gun (hereinafter “instant housing site”).

9. 9. The first revision of the construction cost and the construction period was made on November 30, 2012, and finally agreed on the construction cost of KRW 306,078,00 (including value-added tax) and the construction period from August 27, 2012 to May 31, 2013.

(hereinafter referred to as the “instant contract”). B.

On May 27, 2013, the Plaintiff, upon executing the construction work in accordance with the instant contract, requested a completion inspection to the Defendant on May 27, 2013 and filed a claim for KRW 137,398,000 for the remainder of the construction work.

C. The Defendant did not pay the construction balance, and the Plaintiff, on July 10, 2013, placed KRW 137,398,000 on the instant construction balance claim as the preserved right, and provisionally attached the amount of KRW 278,278,00,00, which was owned by the Defendant at the time, as the preservation right.

(Supplementary Branch of the Daegu District Court 2013Kadan2216). D.

On July 24, 2013, the Plaintiff agreed with the Defendant (hereinafter referred to as “instant agreement”) on the following terms and conditions:

2) The provisional seizure set forth in the preceding paragraph has been cancelled. The terms of the agreement

1. The defendant confirms that according to the contract agreement of this case, the plaintiff is obligated to pay 137,398,000 won in the balance of the construction price of this case (including value-added tax) to the plaintiff.

Provided, That the additional part of the construction (the connecting sewage pipe construction from the entrance of each bridge to the entrance of the side) shall be calculated at actual expenses and paid separately.

2. The Plaintiff received data from the Defendant regarding the sale of the instant electric power resource site and the remainder loans, such as separate lots.

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