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(영문) 서울고등법원 2016.01.28 2015나2031634

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 26, 2012, the Defendant entered into and settled subcontract agreements between the Defendant and B (hereinafter “B”) and the Defendant (hereinafter “B”).

(3) As to the construction work of a general building among the “C-building construction works” contracted by the Defendant from Hyundai Construction Co., Ltd. / The construction work of reinforced concrete construction works (including value-added tax) and the construction work period fixed from October 8, 2012 to February 28, 2013 (hereinafter “previous subcontract”).

(2) Around December 2012, B concluded a contract with the Defendant for construction work on the basis of the volume invested until January 5, 2013, which was 184,580,000 won (including value-added tax).

B. (1) The Plaintiff entered into the instant construction contract, etc.) on January 5, 2013, the settlement date between B and the Defendant, when working at the construction site from December 2012 to B, and the Defendant did not perform the former subcontracted work (hereinafter “the remainder of the instant construction work”).

2) A subcontract agreement under which the contract was concluded (hereinafter “instant contract for construction”)

AB concluded the agreement.

Contract

4. Construction period: Amount of contract on April 30, 201, as of January 5, 2013, on the commencement of construction: KRW 296,00,000 (including value-added tax).

6. Payment method: On the 15th day of the following month after the request for the performance of construction works at the end of the current month, the party to whom the approval was made shall confirm that the execution drawings, specifications, contract specifications, construction special conditions, etc. will be part of the contract, enter into a contract by attached contract documents according to an agreement, and (hereinafter omitted) enter into a contract by means of agreement, and attach to the special terms of construction works (scope of construction: D) 100,000,000 square and concrete works at 750 square and concrete works at 750 square and concrete works at 750,000 square and 75,000,000 specific terms of construction (scope of construction: 750 square and miscellaneous materials at 750,000 square and 33,750,000,000