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(영문) 서울고등법원 2016.10.06 2015나2055791

공사대금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The defendant (Counterclaim plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiff entered into a contract with the Defendant on August 1, 2008, after delivering the account statement of the construction cost of KRW 4,829,000,000, the total construction cost as indicated below, and following consultation on the construction cost. On August 1, 2008, the Plaintiff issued the account statement of the construction cost of KRW 4,829,000,000 to the Defendant.

(2) Of the new construction works, the construction of the structural frame of the third floor above ground from the seventh to the third floor above ground (hereinafter referred to as “instant construction”).

A) A contract was concluded between KRW 4.5 billion for the construction cost, and the construction period from August 1, 2008 to August 31, 2009, with each contracted contract being concluded (hereinafter referred to as “cost”) for each of the items, 2,793, 139, 630 labor cost, 1,30 labor cost, 1,304,196,602 cost, 169,525, 260, 4266, 861, general management cost, 861, 123,138,509 accounts - 3.02% profit of 0.5% supply value - (general management cost for labor expenses) - 0.5% supply value x 4,390,000 value-added tax 439,000,0000,829,0000,000 “instant contract”).

(B) [This case’s construction agreement]

2. Construction cost: Application filed for within five days from the date on which concrete is demolished each floor (payment shall be made ten percent of the contract amount).

3. The phrase “Plaintiff” shall be dismantled on the responsibility of “A” for facilities using soil to prevent interference with the structural construction and process performed by “A”.

(B) The Party A shall be notified three days before the date of notification to Party A, and Party A shall be paid up to three days if the air has been delayed due to any cause not attributable to Party B.

Provided, That this shall not apply where A is not responsible.

5.The periods of concrete life shall be in accordance with the following criteria:

In the case of damp-leap generation, if the daily average temperature of the number of base days of concrete life is at least 15 degrees, it shall be based on 9 days if the number of base days of concrete life is at least 10 degrees per day and at least 5 degrees per day.

The period of retention on the basis, side, and the pole shall be at least three days, but the period of retention on the slve and the underline shall be at least 10% of the design strength, and concrete compressed strength shall be secured.