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(영문) 광주지방법원 2019.03.28 2018나55530

공사대금

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

. Of the construction cost of metal works, creative works, and glass works (including value-added tax) and from November 6, 2015 to January 10, 2016, the subcontract agreement (including a modified contract and extended the construction period to March 31, 2016) was concluded, which included “the instant subcontract agreement” (hereinafter referred to as “the instant subcontract agreement”), and the main contents of the instant subcontract are as follows:

The instant subcontract agreement

5. Contract amount: daily gold, KRW 140,800,000 (Won 140,800,000): Value of supply: KRW 128,000 per day (Won 128,00,000) - Value-added tax: daily gold full-time KRW 12,80,000 (Won 12,80,000);

6. Payment of the price;

(b) The method of payment (1) once a month: 100% in cash;

C. Adjustment and payment (1) within 30 days from the date of adjustment of the subcontract price due to any change in the economic situation, etc. (2) within 15 days from the date of the adjustment from the ordering person in accordance with the contents and ratio of 30 days from the date of the adjustment : Total amount of 128,000,000 won per day (Won 128,000,000): The special amount of value-added tax, the estimated amount equivalent to the value-added tax separate, and the estimated amount equivalent to the amount of 17,230,230,00 heading work, 40,000 heading work, 128,02,500 heading - 22,500 heading - 128,000 won per day,00 won per five hundred and twenty-eight,50 won per day from the non-party company’s subcontract. < Amended by Act No. 12153, Jan. 1, 2005>

[Reasons for Recognition] The Plaintiff, as the Plaintiff’s assertion of the purport of the entire pleadings, was completed by re-subcontracting from the Defendant the glass Corporation (hereinafter “instant glass Corporation”) in the absence of dispute, Gap’s evidence Nos. 4 through 6, and Eul’s evidence Nos. 1 through 3 (including the number of branches; hereinafter the same shall apply).