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Reasons
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(영문) 서울고등법원 2017.02.03 2016나2021504
공사대금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On February 20, 2012, the Plaintiff entered into a contract with the Defendant for the new construction of the Gyeonggi-gun B multi-family house (hereinafter “instant construction”) with the construction cost of KRW 750,000,000 and the construction period from February 20, 2012 to June 30, 2012.

B. On June 30, 2012, the Plaintiff and the Defendant concluded a contract to reduce the construction cost of KRW 694,000,000 and to extend the construction period by July 2012.

(hereinafter referred to as “instant contract”, including the initial contract and modified contract. (c)

Around February 2012, the Plaintiff commenced the instant construction and completed around August 2012, and the Defendant completed registration of preservation of ownership in the name of the Defendant on August 13, 2012 after obtaining approval for the use of a newly built multi-family house on August 13, 2012.

As the instant construction cost, the Plaintiff received KRW 407,698,772 in total, including KRW 100,000,000 from the Defendant on May 3, 2012, KRW 87,698,772 on May 17, 2012, KRW 100,000 on June 20, 2012, and KRW 120,000,000 on October 11, 2012.

E. On July 31, 2013, the Defendant agreed with the Plaintiff to repay the debt amounting to KRW 150,000,000, totaling KRW 95,000,000, and KRW 55,000, which the Plaintiff shall pay to C with respect to the instant construction project, in lieu of the payment of the instant construction cost, and written a notarized deed, the content of which is such agreement.

F. The Defendant paid 34,100,000 won for ready-mixed, and 15,000,000 won for Washington, on behalf of the Plaintiff.

G. On July 26, 2012, the Plaintiff lent KRW 30,000,00 to the Defendant.

H. The Defendant lent KRW 7,00,000 to the Plaintiff around 2015.

I. The Plaintiff issued a tax invoice under the name of the Defendant, and the unpaid amount out of the value-added tax for which the Defendant is liable to pay is KRW 26,00,000.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.

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