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(영문) 서울고등법원 2015.09.11 2014나46503
공사대금
Text

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

2. The appeal costs.

Reasons

1. Basic facts

A. On August 2010, the Defendant was awarded a contract for the instant construction work (hereinafter “the instant construction work”) by the ELE A exhibition center (hereinafter “the instant building”) from the ELE A (hereinafter “ELE”) around the instant building.

At the time, the defendant and the ELS decided that the construction cost will be approximately KRW 400 million, and the accurate construction cost will be determined later.

B. On October 2010, the Defendant subcontracted to the Plaintiff the part of the instant construction, excluding electrical construction and video-related construction (hereinafter “instant subcontract”), and the Plaintiff commenced the said construction around that time.

C. On October 11, 2010, the Defendant and the ELS set up a written contract (No. 7 No. 7-1) with respect to the instant construction work, with the payment of the construction cost of KRW 425,470,00 (value added tax) as a separate basis. On December 30, 2010, the Defendant and the ELS decided to change the construction cost of KRW 441,670,00 (value-added tax separate) to KRW 441,670,000 (value-added tax separate) and written a modified contract (No. 1).

By January 21, 2011, the Defendant paid to the Plaintiff KRW 247,00,000 in total as construction cost under the instant subcontract agreement.

【In the absence of a dispute over the grounds for recognition, Gap evidence 5, 6 evidence, Eul evidence 1, 7-1, 8-1, and 7-1, and the fact-finding results of the party’s ELS, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion 1 of the parties concerned is that the Defendant re-subcontracted to the Plaintiff all the remainder of the instant construction works, other than the electrical construction and the production of video works, among the instant construction works that the Defendant was awarded a contract by El Underground Cors, and the Plaintiff actually completed the subcontracted construction work around December 2010.

Therefore, the Defendant’s total construction cost of KRW 37,416,928 and the production cost of video works of KRW 21,150,00,00, which the Defendant had received from EL underpasses, for the electrical construction cost of KRW 441,078,00.

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