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(영문) 서울고등법원 2016.08.16 2015나2075740
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 4, 2011, the Defendant subcontracted the tin construction work to the Plaintiff at KRW 150,00,000 for construction cost (excluding value-added tax) among the new construction works of Wancheon-si C and D-based neighborhood shops.

(hereinafter referred to as “Yancheon Construction”). (b)

On March 20, 2012, E, the Defendant’s on-site director, sent to the Plaintiff, stating that “I will confirm the completion of construction and settlement of accounts at the smooth completion of the construction works,” at the bottom of the detailed statement of construction works (revision) submitted by the Plaintiff to the Defendant.”

The total construction cost agreed upon according to the above tin construction work statement (revision) shall be KRW 165,133,341.

C. On September 5, 201, prior to the conclusion of the Kancheon Construction Contract, the Defendant and the Plaintiff settled a special agreement with the seller that “The amount of settlement that the Plaintiff was not paid by the Defendant with respect to the Kancheon Construction Work (hereinafter “Gancheon Construction Work”) for the government-funded Gancheon Construction Work (hereinafter “Cancheon”), shall be added to the amount of Kancheon Construction Work, and the sales amount of No. 406 of officetel 406 (hereinafter “Otel 406”) purchased on the condition that the Plaintiff settled the construction cost of Kancheon Construction Work (hereinafter “Otel 406”) shall be KRW 116,04,00,00, and the difference in the sales amount due to the said large-scale Construction Work shall be paid to the seller after deducting the sales amount from the progress payment

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, Eul evidence Nos. 1 through 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s determination as to the cause of the claim was completed on March 20, 2012, but the total construction cost of KRW 183,091,277 (i.e., KRW 16,50,500 interest on loans of KRW 16,50,876 for additional construction cost of KRW 165,13,341 (i.e., KRW 165,50,500) and KRW 861,876 for advance payment of KRW 861,876 (i.e., KRW 596,00) plus all the claims asserted by the Plaintiff (i., KRW 165,13,341 + KRW 16,50,00 + KRW 861,876 + KRW 596,060). Here, if the Plaintiff deducts KRW 107,50,75,7575, Jul. 27, 2005).

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