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(영문) 서울고등법원 2015.05.14 2014나4134
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, and therefore, it is cited in accordance with the main sentence of Article 4

2. The parties' assertion

A. The Plaintiff’s assertion 1) The amount of the instant contract is KRW 462,00,000 (including value-added tax) and the Plaintiff completed the construction. The Plaintiff had to preferentially apply the amount based on the result of cost settlement in the instant contract to the amount higher than the contract amount. However, even though the cost settlement was not made between the Plaintiff and the Defendant, the result of cost settlement cannot be known, and the Organizing Committee for the EXPO 200, the head of the instant construction project (hereinafter “Organizing

(2) Since the Plaintiff recognized the construction cost as KRW 462,00,000, the Defendant shall pay the remainder of the construction cost to the Plaintiff ( KRW 462,60,000 - KRW 323,400,000). 2) The Plaintiff, upon the Defendant’s request, did an additional construction work equivalent to KRW 118,690,000 in addition to the instant construction work, so the Defendant shall pay the said additional construction cost to the Plaintiff, and at least KRW 66,118,501 according to the appraiser’s appraisal result, shall be paid to the Plaintiff.

3) Therefore, the Defendant shall pay to the Plaintiff the remainder of the construction cost of KRW 138,60,000 as well as KRW 257,290,00 as the additional construction cost of KRW 118,690,00.

B. According to Article 15 of the instant contract agreement, the Plaintiff and the Defendant should calculate the final contract amount through cost settlement. Therefore, the Plaintiff did not cooperate at all in the settlement procedure even though the materials necessary for settlement should be submitted faithfully at the Defendant’s request.

The Organizational Committee has settled the accounts of the developing countries' joint library exhibition and demonstration costs including the instant construction, and as a result, 236,707,000 won has been reduced from the total contract amount, and the present exhibits are all removed.

Ultimately, the final contract amount of the instant construction project shall be calculated with the cost settlement stipulated in the instant contract.

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