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(영문) 서울고등법원 2015.04.16 2014나37486
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2...

Reasons

1. Basic facts

A. On July 10, 2010, the Plaintiff received a contract from the Defendant for a new construction work of KRW 1,080,000 for the construction cost, and around that time, it received a contract from the Defendant’s husband D for a new construction work of KRW 1,912,00,000 for the fourth apartment house on the ground (hereinafter “C apartment house”) outside Gyeonggi-gun Co., Ltd. and KRW 1,912,00,000 for the construction cost.

B. The Plaintiff, the Defendant, and D agreed on the payment method of each of the above construction cost as follows.

- At the time of completion of a 2nd floor foundation, 150,000 won per day shall be paid for a new construction of a tenement house and a new construction of the instant tenement house.

· 30% of the construction cost shall be paid upon completion of the aggregate structure.

(within 15 days) Any balance shall be paid within 15 days after completion.

- The payment of the sale price shall be substituted by the execution cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff completed the structural construction up to the second floor of the instant tenement house, but the construction was suspended due to the Defendant’s failure to pay the construction cost. On November 22, 2010, the Plaintiff resumed construction at the Defendant’s request and completed the structural construction up to the fourth floor around the end of December 2010. (2) On March 20, 201, the Defendant agreed to pay the Plaintiff KRW 446,359,124 as the construction cost of the instant case upon the completion of the structural construction of the instant apartment house to the Plaintiff on March 20, 201. The Plaintiff completed the structural construction of the instant apartment house up to the C tenement house.

3. Since the defendant paid KRW 168,965,878 out of the above construction price of KRW 446,359,124, the plaintiff sought payment of the remaining construction price to the defendant, the plaintiff shall seek payment of KRW 277,393,246.

B. There is no dispute between the parties that the Plaintiff completed the charnel construction up to the second floor of the instant tenement house.

However, the Plaintiff’s 4th floor of the instant tenement house solely with the descriptions of evidence Nos. 2, 3, 4, 6, 8, and 20 and the images of evidence Nos. 5.

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