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(영문) 서울고등법원 2016.08.19 2015나29932
공사대금 및 손해배상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. In order to move A R&D centers located in Geumcheon-gu Seoul Metropolitan Government and A/S centers located in Seocho-gu Seoul Metropolitan Government to buildings located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the building of this case”), the Defendant drafted a contract between the Plaintiff and the Plaintiff for the remodeling construction of the building of this case with the following contents:

(1) The construction contract in this case is a construction contract in which both the first, second, and third construction contracts are turned into two different parts. The construction contract in this case is a construction contract in which the first, second, and third construction contracts are all turned into two different parts. The rate of liquidated damages for delay on October 11, 2012, the date of completion of the construction contract (excluding value-added tax) as of October 11, 2012, shall be 2/100 of the construction contract amount per delay day on December 30, 2012, the date of completion of the construction contract (excluding value-added tax).

Among the instant construction works, the primary construction is the primary construction and the primary construction is the primary construction.

The primary construction is a tent, wall, floor construction for the use of the first to the fifth floor and the sixth floor as a meeting room, and the second construction is the rest of the construction for the completion of the construction of the sixth floor.

The third construction is the 6th floor room and the 2nd and third floor room.

C. The Defendant obtained approval on February 15, 2013 on the change of use, etc. of the sixth floor of the instant building.

The Defendant did not pay KRW 178,000,000 to the Plaintiff out of the construction cost of the instant case.

[Based on Recognition] The facts without dispute, Eul's entry in the evidence of subparagraphs 1 through 3 (including each number), E's testimony in the first instance trial, F's testimony in the first instance trial, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 178,000,000 and the delay damages.

B. 1 Plaintiff, including additional construction cost, is not included in the instant construction contract upon the Defendant’s request.

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