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(영문) 서울고등법원 2015.09.25 2015나1705
공사대금
Text

1. The part against the defendant in the judgment of the first instance, including claims extended and reduced in the trial, shall be as follows:

Reasons

Basic Facts

Defendant and A, C, D, E, F, and G (hereinafter referred to as “A through G”) entered into a construction contract with the Defendant and the co-defendants of the first instance court with the amount of KRW 800,00,000, around 2012 in order to promote an I-affiliated reconstruction project.

On September 14, 2012, the Defendant and the co-defendants of the first instance trial concluded a construction contract for the construction work (hereinafter referred to as the “instant construction contract”) with the term from September 25, 2012 to March 25, 2013, by setting the construction cost of KRW 840,00,000 for the Plaintiff and the said reconstruction work (i.e., the construction cost of KRW 800,000,000 for the input tax amount of KRW 50,000 for the construction cost) and the term from September 25, 2012 to March 25, 2013.

On August 30, 2013, the Plaintiff completed the instant construction work, and the Defendant and the co-defendants of the first instance court occupied and resided in the reconstructed collective housing from that time.

On September 10, 2013, the Plaintiff and the co-defendants of the first instance trial determined the unpaid construction cost of the instant construction contract as KRW 143,840,000 (hereinafter “Agreement”) and “the instant receipt” as follows.

(1) The Plaintiff and the co-defendants of the first instance court agreed upon the amount of KRW 143,840,00 and received amount of KRW 143,840,00 shall be paid to the Defendant and the co-defendants of the first instance court. The amount of KRW 143,840,00 shall be paid to the Defendant and the amount of receipt shall be submitted. The special agreement: HH 19,540,000 shall be separately demanded for receipt, and the Corporation shall make a separate claim on September 10, 2013, the Plaintiff received KRW 44,30,000 from the co-defendants of the first instance court, and the Defendant received KRW 16,00,00 on September 17, 2013 through J, and KRW 1,000,000,000, and KRW 19,540,000 on October 1, 2013 through L.

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