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(영문) 서울고등법원 2019.07.19 2019나2005565
공사대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. Appeal costs and ancillary costs.

Reasons

1. Details of the conclusion of the construction contract and the agreement related thereto;

A. On November 11, 2015, the Plaintiff: (a) received a construction contract from Defendant B to construct three units of a publicly notified source building on the land of 467 square meters in the wife population D; (b) E large 562 square meters and F large 467 square meters on the ground; (c) the construction period was stipulated by February 29, 2016 (in the case of the construction contract, the date of completion is indicated as “20. 30,” but it is apparent that the date of completion is the calendar of “2016. 29, Feb. 29, 2016”; and (d) the construction cost was agreed to be KRW 380,000,000 per square year as value-added tax (excluding value-added tax).

(hereinafter “instant construction contract”). B.

Until December 2017, the Defendants paid to the Plaintiff KRW 224,876,90,000 to the subcontractor, etc., respectively, for the purpose of the construction cost of the instant case.

With respect to the additional construction works and the total balance of the construction works of this case, it shall be confirmed as follows:

Agreement amount: The second payment of KRW 450 million on January 9, 2018: The second payment of KRW 100 million on January 31, 2018: the second payment of KRW 100 million on January 31, 2018: the Plaintiff, February 28, 2018, shall submit bank loan documents (certificate of waiver of lien and certificate of payment of construction price) to the Defendants by the first payment ( January 9, 2018). (2) The Plaintiff will resolve the entire amount of the subcontract construction cost (G personnel cost, proxy, grheat, electricity, H, US, etc.) unpaid from the date of the preparation of the instant agreement, and will not be additionally required to the Defendants of the project owner.

3) The Plaintiff is now unable to complete the current E construction works (boil rooms, home appliances, fire hydrantss, water tanks, and windows) until January 20, 2018. The Plaintiff will no longer participate in all construction works other than the agreed content.

C. On January 8, 2018, the Plaintiff and the Defendants agreed on the instant construction works (hereinafter “instant agreement”) as follows, and agreed on the document stating the agreement (hereinafter “instant agreement”).

【Ground of recognition】 There is no dispute, A.

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