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(영문) 서울고등법원 2017.04.28 2016나2058995
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. Plaintiff 1) On July 28, 2015, the Plaintiff had a factory building extension work between the Defendant and the Defendant on the C’s ground (hereinafter “instant construction work”).

A) A contract was concluded between the construction cost of KRW 361,40,000, and the construction period from July 28, 2015 to October 26, 2015 (Evidence A (Evidence A). 2), and thereafter, the Plaintiff suspended construction upon the Defendant’s request on September 2015 that the construction cost would not have been incurred by the Defendant during the construction period. At the time of the instant construction, the Plaintiff completed the remainder of construction except for the glllls construction, electrical construction, toilet construction, swimming and boiler construction among the instant construction works.

3) Therefore, the Defendant has the duty to revise the Plaintiff’s total construction cost of KRW 119,283,650 (i.e., KRW 70,313,50 electrical construction cost of KRW 44,060,150, 150, 290, 292,116,350, and the remainder of KRW 246,327,985 (i.e., KRW 242,16,350, and its value-added tax of KRW 24,211,635, and KRW 266,327,16,350, and KRW 240,211,635, and KRW 200,00,000, and KRW 360,000 and KRW 1,620,00,000, and KRW 1,6375,065, etc. of the Plaintiff’s claim for damages for delay payment of the instant construction cost.

(B) On July 28, 2015, Defendant B contracted the instant construction and additional construction from the Defendant, and subcontracted the instant steel frame construction, retaining wall construction, and oil tank construction among them to the Plaintiff. The Defendant is the instant construction and additional construction (public construction).

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