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(영문) 수원지방법원 2016.04.05 2015가단46207

노무비

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,317,020 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 25, 2014 to April 5, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 7, 2014, the Defendant was awarded a contract for B construction works in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant construction works”) at KRW 95,712,200 of the contract amount, and the commencement date of the construction works on March 10, 2014. < Amended by Presidential Decree No. 25839, Nov. 30, 2014>

B. On August 11, 2014, the Defendant: (a) directly performed the instant construction work; (b) subsequently, the Plaintiff and the Defendant entered into an agreement on the participation in construction (execution) with the following terms (hereinafter “instant agreement”) in order to perform the remainder of the construction work.

An ordering agency: An ordering agency: The Defendant contractor: C is engaged in construction business (e.g. landscaping, landscaping, and maintenance) under the trade name of “C”.

The name of the construction site: The construction site in Suwon-si: the agreed amount from August 11, 2014 to November 30, 2014: Additional tax ( e.g., e., 32,00,000) set aside, Article 3 (Execution of Construction Works) of [Attachment 32,00,000] attached to Suwon-si: the Corporation shall perform the construction by the Plaintiff according to the books and details provided by the Defendant to the Plaintiff and comply with the agreed construction period.

Provided, That if the construction period exceeds 1/100, the defendant shall deduct the delayed compensation from the plaintiff's construction cost.

Article 4 (Liability for Execution of Construction Works) (1) The Plaintiff, as the said contractor, shall be responsible for and execute the construction works by mobilization of funds, technology, personnel, and materials necessary for the performance of the construction works, and shall be held responsible for rental, civil affairs and safety management, handling of industrial accident accidents, repair of defects, etc. incurred after completion of the construction works.

Article 5 (Representative at Site) The above on-site agent at the Corporation shall be appointed by the defendant, and shall make every effort to the plaintiff and the execution in the execution of the Corporation, and the defendant shall actively cooperate with him.

Article 6 (Guarantee of Profits and Disposal of Current Payments) (1) The terms and conditions of validity shall be in accordance with the terms and conditions of the ordering authority.

(3) The defendant shall pay to the plaintiff an amount excluding the expenses for managing the head office within seven days from the date of expiration.