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(영문) 서울고등법원 2014.12.04 2014나10900
공사대금
Text

1. Of the part against the defendant in the judgment of the court of first instance, KRW 98,800,000 against the plaintiff as to the defendant and the above, May 2011.

Reasons

1. The facts below the basis of facts do not conflict between the parties or may be found in Gap evidence Nos. 12, Eul evidence Nos. 1 and 2 (including each number), together with the purport of the whole pleadings.

On May 3, 2010, the Defendant: (a) concluded a contract for the construction of a new construction of a H hospital building on the second underground floor and the fifth floor above the ground (hereinafter “instant construction”); (b) the construction cost of KRW 5,120,000,000 (excluding value-added tax); and (c) the construction period from May 3, 2010 to April 30, 201 with the construction period of KRW 5,120,000 (excluding value-added tax); and (d) the construction period of the construction period of KRW 30,00.

(hereinafter “instant contract”). (b)

After that, the defendant and I concluded a modified contract on the electrical construction that increased the price on April 15, 201 to KRW 5,395,909,09 (excluding value-added tax) from KRW 433,253,948 to KRW 514,648,116 to KRW 81,394,168 (excluding value-added tax).

C. On the other hand, on August 23, 2010, I subcontracted to the Plaintiff the electrical construction (including 330,000,000 won (including value-added tax) for the period of construction from August 23, 2010 to March 31, 2011.

2. Judgment on the plaintiff's assertion

A. The purport of the Plaintiff’s assertion is that the Defendant contracts the Plaintiff, through the field agent L, for the electrical construction of August 18, 201, with the price of KRW 33,000,00 (including value-added tax) for the electrical construction related to the installation of access control facilities, ② January 19, 201; ③ around March 3, 2011, 18,315,000 (including value-added tax) for the installation of water distribution facilities and the installation of electric power wires; and ③ around March 30, 201, the Defendant has the obligation to pay the Plaintiff the price of KRW 137,115,00 in total (including value-added tax) and delay damages for delay as the Plaintiff completed all of the above construction works around April 30, 201.

B. The Defendant appealed.

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