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(영문) 서울고등법원 2020.01.17 2018나2075345
공사대금등
Text

1. Of the parts in respect of the principal lawsuit of the judgment of the court of first instance, the sum payable shall be:

Reasons

(a)the counterclaim shall be deemed together;

1. Details of the conclusion of a contract for construction works and the performance thereof;

1. The name of the prime contractor and the project;

2. The name of the subcontracted project: Ddong published sources;

3. Place of construction: Si Gunposi C (New Construction);

4. Period: From March 31, 2014 to July 31, 2014 (4 months);

5. Contract amount: 650 million won; and

6. (A) Advance payment: 150,000 won (time and method of payment): 150,000 won ( May 20, 2014) 1.50,000 won (time and method of payment): The method of payment (c) 350,000 won in direct deposit with the project owner and deposit with the head of the Tong: It shall correspond to the permitted drawing.

Separate Construction Costs: Elevator, Fire Fighting, Authorization and Permission Costs, observers (Refrigerants, e.g., E., Lykes, etc.)

A. On March 31, 2014, the Plaintiff concluded the following contracts (hereinafter referred to as the “instant contract”) with the Defendant for the construction of the 5th floor building on the ground C (hereinafter “instant construction”) from the Defendant, militaryposi-si, Mapo-si (hereinafter “instant building”).

* It can be seen as referring respectively to cooling, washing machines, and air conditioners.

B. Around July 2014, the Plaintiff completed the instant construction work.

C. On October 15, 2014, the Defendant obtained approval for use on the instant building, and completed registration of preservation of ownership in its name on October 22, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 23, and 24 and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In addition to the completion of the instant construction work as construction cost of KRW 650 million under the instant contract, the Plaintiff asserted that the Plaintiff was an additional construction work equivalent to KRW 124,903,370 upon the Defendant’s request (the Plaintiff asserted that the initial rooftop waterproof work was also an additional construction work, and recognized that the Plaintiff was part of the basic construction work under the instant contract, so the relevant amount of KRW 971,000 shall be deducted from the amount claimed by the Plaintiff’s additional construction work) and the Defendant bears the burden.

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