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(영문) 서울고등법원 2016.04.22 2015나2046933

공사대금

Text

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

Reasons

1. Basic facts

A. On April 3, 2014, the Defendant ordered the 1,384,90,000 construction cost of the ground-based landscaping construction work among the construction works for building C buildings on land, such as Suwon-gu, Suwon-si, Suwon-si, and the construction cost of the 1,032,90,000 on May 19, 2014 (the 4,500 won increased later) to the construction cost of the 1,032,90,000 on May 19, 2014 (the 1,457,760,000 won). On May 19, 2014, the Defendant ordered the rooftop construction work (7,78 stories) to the construction cost of KRW 1,09,890,000 on May 19, 2014.

(hereinafter “each of the instant construction works”). (b)

On June 20, 2014, the fire fighting boat subcontracted the construction of the facilities during each of the instant construction works to the Plaintiff by setting the construction period from June 20, 2014 to July 10, 2014; the contract price of KRW 302,50,000.

(hereinafter “instant subcontract.” On July 11, 2014, the Plaintiff and the Creshman entered into a contract under which the contract amount was changed to KRW 571,780,000 (hereinafter “instant modified contract”) on August 5, 2014, as of August 5, 2014.

C. On July 12, 2014, the Plaintiff entered into a direct payment agreement with the Defendant and the C&C, and the Plaintiff, as follows:

(hereinafter “The instant direct payment agreement.” The instant direct payment agreement is written by the Defendant as the contractor, and the C-building Construction is written as the subcontractor. From the perspective of the implementer of the C-building construction, the Defendant’s construction is the contractor, and the C-building Construction constitutes the subcontractor. However, as Article 2(10) of the Fair Transactions in Subcontracting Act provides that “in the case of a re-subcontract, the ordering person refers to the principal contractor,” the ordering person shall be the principal contractor, and accordingly, in the instant case, the Defendant shall be deemed the principal contractor, and the Plaintiff shall be deemed the principal contractor).

1. Project name: Construction of a new building C;

2. Title of subcontracted construction works: Landscape construction works;

3. Contract amount: 571,780,000 won (including value-added tax);

4. Contractor: Defendant;

5. Subcontractors: subcontractors arising in connection with the above-mentioned subcontracted projects.