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(영문) 서울고등법원 2015.09.10 2014나43047
공사대금
Text

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

Reasons

1. Basic facts

A. 1) On June 11, 2012, the Defendant entered into a contract for construction works, a house on the ground B (hereinafter “instant building”) on the Plaintiff on June 11, 2012.

2) A new construction project (hereinafter referred to as “instant construction project”)

) The contract under which the contract is made (hereinafter referred to as “instant contract”).

AB concluded the agreement.

1. The name of construction works: New construction works of houses;

2. Construction site: Pocheon-si B

3. Construction amount: 20 million won (excluding value-added tax of 10 million won);

4. Construction period: from June 11, 2012 to October 11, 2012 (the contractor’s construction work shall be 120 days from the commencement date of the construction work and may be extended if there is any change in rain or construction consultation. The construction work shall be completed on the number of days determined by the project owner and the contractor).

5. Payment of the price: The main contents of the instant contract are as follows: (a) the Plaintiff received from the Defendant the total amount of KRW 74 million for the construction payment (i.e., the intermediate payment of KRW 30 million on June 12, 2012; (b) the intermediate payment of KRW 24 million on August 17, 2012; (c) the Plaintiff received goods payment of KRW 20 million for the purchase of construction equipment from the Defendant; and (d) the Plaintiff received goods payment of KRW 20 million for the remainder payment of KRW 86 million on May 2014, the remainder payment of the construction payment of KRW 20 million for the purchase of construction equipment from the Defendant (i.e., the intermediate payment of KRW 10 million on November 29, 2012).

2) The Defendant received the instant building completed from the Plaintiff and obtained approval for the use from the competent police authority on December 2, 2013. [Grounds for recognition] of the absence of dispute, Gap evidence 1 and 2 (which include each number of branches, hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Defendant: (a) the Plaintiff paid additional construction cost of KRW 86 million on the basis of the instant contract; (b) the installation of a multi-use room and boiler room; (c) the building stones work on the roof tower; (d) the water storage work; and (e) the construction cost of the vegetable cryke and the installation cost of the vegetable stru and

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