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(영문) 서울고등법원 2017.03.17 2016나2008143
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On March 2014, the Defendant: (a) the construction contract and subcontract; and (b) the construction work for the construction of a main complex building with the size of eight stories above ground level on the ground of the said land from Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant construction work”).

(2) Upon receipt of a contract, the Defendant awarded a subcontract to the Plaintiff, setting the electrical construction part of the instant construction as KRW 135,850,00 (including value-added tax) from March 24, 2014 to October 30, 2014 during the construction period, and the construction cost as KRW 135,850 (including value-added tax).

3) In addition, the Defendant ordered the instant construction work to October 30, 2014 during the construction period from March 24, 2014 to October 30, 2014, and the construction cost was KRW 439,00,000 (including value-added tax). B. The discontinuance of the instant construction work and the Defendant’s claim for the construction cost against B was a dispute between the owner B, etc., and the Defendant suspended the instant construction work until July 3, 2014. Accordingly, the Plaintiff failed to perform the said construction work even when the Plaintiff completed electrical construction of a certain part and the Selection up to the third floor.

2) Around December 2014, the Defendant filed a lawsuit against B seeking payment of the instant construction work with Seoul Southern District Court 2014Kahap14093, the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and withdrawn the lawsuit around April 13, 2015. Following the Defendant’s withdrawal of the lawsuit, the instant case was concluded on or around April 28, 2015. C. (1) Of the instant construction work, the costs of the electrical construction work that the Plaintiff completed under a subcontract from the Defendant are KRW 27,413,100, and the detailed items are ① KRW 841,508, and ② direct labor cost is KRW 19,214,910, ② indirect labor cost, ③ indirect labor cost, ④ 1,614,052, ④ 3,250,530, value-added tax 249,100, etc.

2) Of the instant construction works for which the selector completed, the costs of structural construction are KRW 164,971,866, and the detailed items are ① Direct construction cost (fluor rental, miscellaneous fixtures, expendable materials, wood strawet wages, equipment wage, equipment cost, 138,126,400, and 2.

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