(영문) 서울고등법원 2016.01.22 2014나8693 | 리걸엔진

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(영문) 서울고등법원 2016.01.22 2014나8693

공사잔대금

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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

1..

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant contracted to the Plaintiff Company B (hereinafter “B”) the remodeling construction of the unit C ground building in Ansan-si (hereinafter “instant building”) (hereinafter “instant construction”) and the Plaintiff subcontracted the said construction to the Plaintiff.

Of the instant construction works, the said construction contract was terminated between the Defendant and B. On July 27, 2011, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 1.26 billion, including the part on which the instant construction was already underway.

(hereinafter “instant construction contract”). Around November 15, 201, the Plaintiff completed the instant construction project’s completion of at least 95% (see, e.g., the record of the fifth date for pleading in the trial) and completed the adjustment of the building ledger, such as changes in the purpose of use.

On the other hand, ① the construction cost received from B before the Plaintiff entered into the instant construction contract directly with the Defendant and the Defendant, and the sum of the construction cost received from the Defendant is KRW 145,982,82,820, and ② the Defendant entered into a contract for construction work with a company other than the Plaintiff for a part of the instant construction work, and the construction cost was 63,316,930, and the amount of the construction cost was 633,316,930, and ③ the Defendant paid KRW 38,506,50 to the Plaintiff’s subcontractor on behalf of the Plaintiff, each of the said amounts should be deducted from the said construction cost.

Even according to the Plaintiff’s assertion, the Plaintiff’s total amount of construction work should be KRW 1,202,700,000 (i.e., KRW 1.26 billion X95%). However, the Plaintiff recognizes the above deduction on the premise that the payment of construction work cost is KRW 1.266 billion.

Therefore, the Defendant is liable to pay to the Plaintiff KRW 448,193,750 (i.e., KRW 1.26 billion), KRW 145,982,820 - KRW 633,316,930 - KRW 38,506,500) and damages for delay.

2. Determination

A. First, as to whether the Plaintiff completed 95% of the instant construction works.

유사 판례

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