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(영문) 광주고등법원 2015.11.25 2015나1429
매매대금
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 August 27, 2013, the Plaintiff and the Defendant entered into a subcontract agreement between the Plaintiff and the Defendant (i) Kudong Construction Co., Ltd. (hereinafter “ Kudong Construction”)

A) The Korea Rural Community Corporation receives a contract from the Korea Rural Community Corporation for a “civil works to enhance the public interest of the reservoir in the white field,” and the contract amount between the Defendant and the Defendant in 2013 is KRW 936,540,000 (including an amount equivalent to value-added tax).

hereinafter the same shall apply.

() From January 9, 2013 to April 21, 2014, the construction period entered into a subcontract with the terms of having the Plaintiff perform construction works on a contractual basis. On March 13, 2014, the Defendant entered into a contract for revision to the terms of increasing the contract amount of the said subcontract to KRW 1,493,250,000. (2) On August 27, 2013, the Defendant entered into a subcontract with the Plaintiff to perform the construction works on the drums and stegrails (hereinafter “instant construction works”) between the Plaintiff and the Plaintiff on August 27, 2013, by stipulating that the contract amount shall be KRW 237,435,00, and the construction period shall be from August 27, 2013 to December 31, 2013.

B. On October 1, 2013, the Defendant paid the Plaintiff KRW 78,697,000 in total, including KRW 18,697,00,000, and KRW 60,000 on March 13, 2014.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the premise for pleading

2. The parties' assertion

A. The Plaintiff’s assertion completed the instant construction work on or around the end of February 2014, and completed the supplementary construction work in or around April 2014 by the Defendant’s land registry. As such, the Defendant is obligated to pay the Plaintiff the instant construction cost of KRW 158,738,00 (=237,435,000 - 78,697,000) and damages for delay.

B. The plaintiff alleged by the defendant failed to execute the construction of this case or complete the construction of this case, unlike the design drawing, so the defendant did not complete the construction of this case until the plaintiff completed the construction of this case.

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