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(영문) 서울고등법원 2016.06.24 2014나38472
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the money ordered to be paid below shall be revoked.

Reasons

1. On August 13, 2012, the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) entered into a construction contract with Defendant Limited Liability Company A (hereinafter “Defendant Company”) for the construction work of machinery and equipment and pipes (hereinafter “instant construction work”) among the new construction works of the long-term care hospital located in Seojin-gu Seoul (hereinafter “instant hospital”) in the Jeonjin-gu (hereinafter “instant hospital”) at the time of Jeonjin-gu (hereinafter “instant construction work”). From August 13, 2012 to September 30, 2012, Defendant B, the representative director of the Defendant Company, guaranteed the Defendant Company’s liability for the construction payment to the Plaintiff.

On September 20, 2012, the Plaintiff entered into a contract with the Defendant Company to amend the construction contract (hereinafter “amended contract”) with the construction cost of KRW 292,00,000, and with the construction period from September 20, 2012 to October 5, 2012, and the additional construction was replaced by the installation of a boiler room, ② installation of a superior dricker, ③ additional installation of toilets and sponsor (the construction cost of a drainage pipe).

(2) The Plaintiff Company: (a) prepared and delivered a written statement of payment stating that the Plaintiff shall settle down the construction price and pay the construction price through a loan after completion of construction works until May 31, 2013 (hereinafter “each written statement of payment”) to the Plaintiff on April 18, 2013, including the instant additional construction works. The Defendant Company paid only KRW 10,000,000 to the Plaintiff during the process of construction works.

On April 30, 2013, the Plaintiff completed the entire construction of the instant case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including provisional number), and the purport of the whole pleadings.

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