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(영문) 부산고등법원(창원) 2016.04.21 2015나20639

공사대금

Text

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 and revoked.

Reasons

Basic Facts

The plaintiff is a person who runs a construction business under the trade name B, and the defendant is a corporation that runs a house and civil construction business.

On July 11, 2013, the Defendant, in collaboration with the National Highway Construction Co., Ltd., contracted a subcontract and drawlurging contract with the Plaintiff regarding the main road construction and drainage facilities construction among the above C Maintenance Works (hereinafter “instant contract”), and the main contents thereof are as follows.

o The name of the Do Construction Works: The name of the Do Maintenance Work: The name of the Do Maintenance Work from among C Maintenance Work: The term of the Do Maintenance Work from the site of the Do Maintenance Work: The Do Maintenance Work from the site of the Do Maintenance Work: The Do Contract from the Do Maintenance Work to the site of the Do Maintenance Work: The 80,000 won/m at the supervision of the Do Maintenance Work and Drainage System: the 750,000 won/household from the drainage System: the wage, food, oil expenses, the 25th day of the following month for the oil expenses, the 45th day of the following month: 1) the scope of the work - the ASP Romema, Con packing, M/H construction - The installation of the protective concrete and finishor after pipes inside Box - the installation of drainage facilities at the site of 200 meters or less from the date of consultation on the 130th day of the instant Construction Work, but the Plaintiff shall settle the 20130m or less from the site.

As of August 30, 2013, the Plaintiff indicated that the Defendant’s subcontracting consortium Co., Ltd., a national highway Co., Ltd., was each supplied, and drafted a tax invoice of KRW 28,237,000 as of August 30, 2013, and of KRW 28,490,000 as for the cost of the drainage facilities and the cost of the construction of drainage facilities, and KRW 34,250,000 as of September 30, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply), part of Gap evidence No. 3, the first instance court, and the second instance.