logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.02 2014나2036984
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On October 13, 2011, the Plaintiff entered into a contract with the Defendant for each of the following terms: (a) the Plaintiff received construction cost of KRW 445 million (including value-added tax; hereinafter the same shall apply) from the Defendant for the land “C neighborhood and new dormitory construction project” on the land other than B (hereinafter the “instant construction project”); and (b) the construction period from October 17, 201 to January 30, 2012; and (c) the construction cost of KRW 110 million after the completion of external construction; (d) KRW 110 million after the completion of external construction; (e) KRW 82,50,000,000,000 after completion of the interior construction; and (e) the remainder after completion of construction; and (e) KRW 60,50,050,000,000,000 after completion of the interior construction.

(hereinafter “instant contract”). (b)

The Defendant paid to the Plaintiff KRW 32.5 million in total, including KRW 10 million on October 18, 201, KRW 100 million, KRW 110 million on December 9, 201, KRW 50 million on February 17, 2012, KRW 250 million on February 20, 201, and KRW 32.5 million on February 20, 2012.

2. 1) In the event that the amount of the contract exceeds the amount of the balance sheet (if the finished materials are not less than 20 per cent, it shall be based on the amount of the contract when the contract is concluded; 2) the additional amount shall be paid with the approval of the owner after mutual consultation.

3) Efforts to make maximum payments for completed portion after submitting certificates necessary for completion within 5 days, after the selection of sampling process, and after storage of materials, the contractor will execute its best and complete works within 15 days, and complete complete works within 5 days. 4) Efforts to pay for completed portion to the architect as much as possible before receipt of completion.

5) After completion the construction work shall resume the construction work at the request of the owner and terminate it within 12 days. 6) The above agreement shall have the effect higher than the contract.

C. The Plaintiff and the Defendant have undergone disputes over the modification of the scheduled completion of works, the settlement of additional construction costs, and the selection of materials for the remaining finishing construction works. On March 27, 2012, the increased construction cost increased by the Plaintiff’s addition or modification of the construction works that continued until then. 15.4 million won.

arrow