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(영문) 서울고등법원 2017.01.24 2016나2005366
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 335,767,785 on November 2013.

Reasons

1. Basic facts

A. On May 6, 2013, the Plaintiff and the Defendant concluded a contract under the following terms and conditions (hereinafter “instant contract agreement”) with the Defendant to newly construct a kindergarten building located in Suwon-si B (hereinafter “instant kindergarten building”) at KRW 1,210,00,000 (including value-added tax) for the construction cost of KRW 1,210,000 (hereinafter “instant construction”).

Standard contract for private construction works

1. The name of the Corporation: the new establishment of a kindergarten in Suwon-si B; and

4. Date of completion: Amount of contract on October 35, 2013: Value-added tax of KRW 1,210,000,000: Value-added tax of KRW 1,100,000: Amount of value-added tax of KRW 1,100,000: Amount of KRW 110,000,000 - Amount of balance shall be paid in full within one month after completion.

-it shall apply 18% per annum to delay in payment requirements for the construction cost.

B. After constructing the instant kindergarten building, the Plaintiff obtained approval for use on October 23, 2013, and delivered the instant kindergarten building to the Defendant.

C. The Defendant paid the Plaintiff KRW 885,000,000 out of the construction cost as above.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 4, 6, and the ground for appeal

2. The plaintiff's ground for claim

A. Of the construction cost stipulated in the instant contract, the Plaintiff filed a claim for the reimbursement of the unpaid amount under the instant contract. The Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 885,00,000,000, out of the construction cost of KRW 1,210,000 as stipulated in the instant contract, and the Defendant did not pay the Plaintiff the remainder of the construction cost of KRW 325,00,000 (= KRW 1,210,000,000 - KRW 885,00,000), and delay damages therefrom.

B. 1) The Plaintiff, which is the primary cause of the claim, additionally related to the instant construction, is the Plaintiff’s primary cause of the claim: (i) the installation of soil removal works on the underground floor of the instant kindergarten building (hereinafter “instant soil removal works”).

(2) Development activities, such as roads around the instant kindergarten, sewage roads, and guardrails.

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