(영문) 부산고등법원 2012.10.30 2011나5066 | 리걸엔진

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(영문) 부산고등법원 2012.10.30 2011나5066

공사대금

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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and against KRW 65,959,129 among the revoked part shall be revoked.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On June 2008, the Defendant: (a) contracted the construction of a new fishery products processing plant (hereinafter “instant construction”) on the ground of 2550 square meters of the factory site in Busan-gun, Busan-gun; (b) Youngnam C&C completed only the underground floor part among the instant construction works originally contracted; and (c) suspended the said construction on September 30, 208, around September 30, 2008.

B. On October 10, 2008, the Plaintiff entered into a contract with the Defendant to complete the instant construction work in the amount of KRW 1,700,000 (excluding value-added tax) (hereinafter “instant contract”).

C. On February 20, 2009, the defendant obtained approval for the use of the factory of this case from the head of the Busan Metropolitan City captain, and the plaintiff has the same year.

4.7. The settlement of the construction cost of the instant construction project, including the Defendant and the additional construction, was made as follows (hereinafter referred to as the “instant agreement”).

1) In relation to the instant construction, the part of the underground construction (such as the part, etc. of the construction by Yong-Nam C&C with the owner) is recognized as KRW 275,00,000 and agreed. 2) In relation to the instant construction, the actual construction contract deposit between the Defendant and the Plaintiff is KRW 1,425,00,000 (value-added tax separate).

3) The agreed portion of the additional construction work will be settled by April 20, 2009. 4) The amount of the full payment for the instant factory contract shall be paid up to April 30, 2009 for the portion for which the mutual performance of the contract was confirmed.

On the other hand, the Plaintiff started the instant construction from October 2008 to April 2009.

[Ground of recognition] Facts without dispute, Gap 2 and 5 evidence 1, 2, Gap 3, 4, 7 evidence, Eul 3-1, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion is based on the instant contract.

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