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(영문) 서울고등법원 2015.01.30 2014나2026680
추심금
Text

1. A defendant with respect to the judgment of the court of first instance exceeding the following portions of order of payment:

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in each statement of evidence Nos. 1-1, 2, and 2-2, 4, 3-2, 5, and 4-2 of evidence No. 1-2.

On April 11, 2011, the Defendant: (a) concluded a contract with the construction cost of the construction for the construction of reinforced concrete (refinite) Nos. 1 and Class II neighborhood living facilities (hereinafter referred to as the “instant building”) in Geumcheon-gu Seoul Metropolitan Government’s ground reinforced concrete structure (refinite concrete roof 9 stories) and the construction period from April 11, 201 to January 31, 2012; and (b) obtained approval for the use of the instant building on July 18, 2012.

B. On May 31, 2011, the Plaintiff entered into a subcontract with the construction period from June 1, 2011 to September 30, 2011, the construction cost of KRW 715 million, and the construction cost of KRW 519,30,000,00, while performing the construction work, was added to the construction cost of KRW 760,6930,000,00 in total.

The Plaintiff completed the construction project on December 13, 201, including additional construction, but fixed construction did not pay only KRW 489.6 million out of the total construction cost, including additional construction cost, and the remainder KRW 27.733 million was not paid.

C. In addition to the above subcontract, the Plaintiff was awarded a subcontract for the new construction of a detached house on the Guro-gu Seoul Metropolitan Government D ground. The Plaintiff failed to receive KRW 8,536,00,000 among the construction price, which led to KRW 36,269,00 ( KRW 27,3330,000,000) that was not received from the due construction, and the unpaid construction amount shall be KRW 335,00,000,000,000,000,000 for each of the above construction payment between the due construction and the due construction on March 13, 2012, and the unpaid construction amount shall be KRW 335,00,000,000 on March 30, 201, KRW 150,000,000 on April 30, 201, from the owner of the building after the completion of the said detached house.

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