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(영문) 서울고등법원 2016.07.05 2016나877
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court, the plaintiff filed a claim for the payment of the unpaid construction cost as the principal lawsuit, ② claims for damages equivalent to operating income for one year lost by the plaintiff, ③ the unclaimed private materials and tools purchase cost claim. The defendant is a counter-claim, ① a claim for the return of undeductible portion, ② a claim for the payment of the warranty bond, ③ a claim for the payment of the amount of subrogated payment ④ a claim for the payment of the amount of subrogated payment ④ a claim for the payment of the amount of the principal lawsuit, the court of first instance dismissed part of the lawsuit concerning the plaintiff's claim for the payment of the remainder, dismissed the claim for the payment of the warranty bond, and

In regard to this, only the plaintiff filed an appeal against the part against the plaintiff, which exceeds 159,887,511 won among the part concerning the unpaid construction cost and the part concerning the purchase cost and the part concerning the counterclaim corresponding to the delay damages, and the part concerning the claim for the payment of the warranty bond among the part concerning the claim for damages and counterclaim corresponding to the profits not appealed by the plaintiff among the part concerning the main claim of the judgment of the court of first instance, was excluded from the scope of the judgment of this court.

2. Basic facts

A. 1) The Defendant entered into a contract for construction works on April 14, 2010 (hereinafter “instant owner”)

(2) Around August 19, 2010, the Defendant entered into a subcontract with the Plaintiff to subcontract the construction cost of KRW 2,283,600,00 (including value-added tax) of the said part of the said construction work with the content that “the construction cost of the said part of the said construction work was subcontracted to KRW 2,283,60,000 (including value-added tax)” and “the construction cost of the said part of the said construction work is KRW 2,426,60,000” (hereinafter “the construction cost of the said part of the said construction work) ordered by the ordering authority. However, on May 13, 201, the Defendant entered into a contract to modify the construction cost of the said part of the said construction work to KRW 2,426,60,000.

The contract shall be referred to as a modified contract with the above subcontract.

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