logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.30 2015나30703
공사대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On December 15, 2012, the Defendant entered into a construction contract with a school juristic person A graduate school (hereinafter “A”) on the condition that “B” was awarded between KRW 6,540,000 (including value-added tax; KRW 6,882,10,000 at the final settlement of accounts; KRW 6,882,10,000 at the time of design modification); and that the construction period was awarded by February 28, 2013.

B. On December 28, 2012, the Defendant entered into a construction contract between the Plaintiff and the Plaintiff with the content that the instant construction work portion of the said “B” (hereinafter “instant construction work”) shall be KRW 572,00,000, and the construction period shall be from December 28, 2012 to February 28, 2013 (hereinafter “instant subcontract”). The main part of the instant construction work was tin works inside and outside the Dong-dong and repair works at the entrance of the outside entrance of the library.

C. As the above “B” was delayed and could not end up by February 28, 2013, the Defendant extended the construction period to May 20, 2013 between A and B three times. In that process, the part added by the design modification, etc. until the completion of the construction work is calculated only by the cost of construction, and the Defendant agreed to pay the damages on the side of the school due to air extension or the Defendant’s expense.

Plaintiff

In addition, by February 28, 2013, the instant construction was concluded between the Defendant and the Defendant on May 15, 2013, and the instant construction was concluded within the extended construction period.

The Defendant paid the Plaintiff KRW 42,90,000 (including value-added tax) for the construction cost as well as the agreed construction cost in addition to the change of the finishing materials of the C, from concrete to private stone.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 12 through 14, Eul's testimony of witness of the first instance court and the purport of whole pleadings

2. The claims against the principal office.

arrow