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(영문) 대법원 2016.11.09 2014다32571

공사대금등

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All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s ground of appeal

A. As to the grounds of appeal Nos. 1 and 2, the lower court concluded a so-called installment construction contract with the Plaintiff as to the part of the 5th, 6, and 7th C Repair Work (hereinafter “C Repair Work”), and the Plaintiff and the Defendant, around February 209, responsible for the above construction work, and the Defendant, as to the 5th, deducted an amount equivalent to 15% of the construction cost (including water price increase) for the 5th, 6, and 7th, from the construction cost for the 5th C Repair Work (including water price increase), and paid the remainder to the Plaintiff at the cost. Accordingly, the lower court determined that the Plaintiff concluded a subcontract agreement with the Plaintiff as to the 5th, 6, and 7th, 37.59% of the construction cost of the 5th, 37.59% of the construction cost of the 5th, 62.41% of the construction cost of the 5th, and part of the construction cost of the 5th, 7th, and other construction cost of the construction work.

In addition, the lower court, regarding the extension of meal room for D High School, pursuant to the installment construction contract of the Plaintiff.