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(영문) 서울고등법원 2015.11.24 2015나5875
공사대금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant was awarded a contract from the Hongcheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheons Co., Ltd. for “BTL-A region construction.”

B. On September 19, 2011, the Defendant and Newcheon Construction Co., Ltd. (hereinafter “Newcheon Construction”) entered into a construction subcontract agreement (Evidence A) stating that construction work price shall be KRW 1,084,600,000 among the said construction work (hereinafter “instant construction work”) and that the Defendant subcontracts reinforced concrete construction work among the said construction work (hereinafter “instant construction work”) to the New Heavy Construction.

(2) On December 9, 201, 200 between the Defendant and Newcheon Heavy Co., Ltd., and the Defendant paid KRW 52,000,000 to Newcheon Heavy Co., Ltd., and the remainder KRW 163,00,000, the Defendant paid KRW 552,000 among them, and the remainder KRW 163,00,000,000, issued a payment guarantee letter by the Defendant and issued the payment guarantee letter by the Defendant, thereby undermining the instant construction (Evidence 2-2 of the Evidence A).

C. On January 2, 2012, the Defendant entered into a subcontract agreement on construction works (Evidence 3) with the Defendant and EsCC Co., Ltd. (hereinafter “EsC”) with the content that the construction cost of KRW 369,60,000 shall be KRW 369,60,000, and the remainder of the instant construction works (hereinafter “the remainder of the instant construction works”) was subcontracted to EsC.

(hereinafter referred to as "the second subcontract of this case"). [Grounds for recognition] of no dispute, Gap evidence Nos. 1 through 4 (which include numbers; hereinafter the same shall apply) and the purport of the whole pleadings as a whole.

2. The grounds for this decision are as stated in the corresponding part of the judgment of the court of first instance (Nos. 3 through 4, 5). Thus, this part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination A.

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