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(영문) 서울남부지방법원 2018.04.27 2017나61742

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of buying and selling, leasing, etc. of soil and construction machinery, and the Defendants constitute a joint contractor with the aim of jointly receiving the construction work for the first section of the construction work on the hinterland 2 of the Busan New Port Co., Ltd. (hereinafter “instant construction work”) ordered by the corporation after the second quarter of Busan New Port as the representative of the Defendant Telecommunication Construction Co., Ltd. (hereinafter “Co., Ltd.”).

Article 2 (Contents) of the Work Participation Agreement shall be completed within the construction period for the sub-construction section of the sub-construction site of the sub-construction site of the sub-construction site of the sub-construction site, the sub-construction site and the sub-construction site of the sub-construction site of the sub-construction site of the sub-construction site. The plaintiff shall participate in the construction of the sub-construction site.

Article 3 (Scope of Details of Construction and Agreement) The plaintiff and defendant Telecommunication Construction may not transfer rights and obligations under this Agreement to any third party.

The plaintiff shall perform the construction work in compliance with the matters specified in the design documents and terms and conditions.

(1) The construction machinery rental business operator, construction machinery parts manufacturer, and construction workers, other than construction workers, shall assist in construction in construction works.

Article 4 (Period of Construction) The construction period shall be from June 5, 2013 to December 20, 2014.

Article 6 (Payment of Price) (1) The agreed amount: KRW 5,193,100,000 (including KRW 5,193,100,000, and value-added tax) (3) The construction of the two-way defendant shall pay the payment for the completed portion every month in the same amount as the original office quantity of the original office, and shall be paid within five days from the date of receipt of the original office's flag.

④ The Plaintiff shall claim progress payment by calculating the amount of the goods to be removed or the goods to be performed in the immediately preceding month by the 25th day of each month, and the labor cost, equipment cost, food expenses, etc. paid in the immediately preceding month at the time of claiming progress payment.