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(영문) 대구지방법원 2017.09.14 2017나304732

공사대금등

Text

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

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who performs a creative construction work under the trade name of “B,” and the Defendant is a corporation that aims at electrical construction business, creative construction business, etc.

B. Daegu Metropolitan City contracted C Construction to Taek Construction Co., Ltd. (hereinafter “Sk Construction”) and SK Construction Co., Ltd. (hereinafter “SK Construction”), and Taek Construction and SK Construction subcontracted the above construction to the Defendant.

C. On January 4, 2013, the Plaintiff entered into a contract with the Defendant to supply and demand the construction works among the construction works in C (hereinafter “instant construction works”): The scope of the construction works in the drawings, specifications, and special specifications is based on the details of the construction works. Of the construction works, the scope of the original works in the drawings, specifications, and special specifications shall be based on the details of the construction works. The contract amount: 610,000,000,000 won for Aluminium (in the case of a steel hold, the construction works in metal), the contract amount: June 25, 2014 (hereinafter “the construction contract in this case”) to be determined as the supply and demand of the construction works from the Defendant: the construction works in this case.

On July 7, 2013, the Plaintiff entered into a contract with the Defendant (hereinafter “instant alteration contract”) stipulating that “The contract amount shall be changed to Aluminium construction during the instant construction, and the contract amount shall be changed to KRW 641,60,000 (additional separate), and the time of completion shall be changed to December 30, 2014” (hereinafter “instant alteration contract”).

E. After the progress of the construction work, the Defendant first performed the construction work without using a daily contract as to any additional or modified case where the case arises between the subcontractor and the subcontractor.

F. According to the orders of Taebag Construction or SK Construction, in the course of carrying out the instant construction project, the color of the creative frame is “N7.5” with the color of “SF115”, and the color of the gallonglass is “SF100” with the color of “SF100.