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(영문) 부산지방법원 2017.02.03 2016나42418

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 5, 2013, the Defendant concluded a subcontract by setting the construction cost of KRW 1.122,53 million (including value-added tax) and the construction period from November 5, 2013 to December 24, 2014, with the case industry (hereinafter “original contractor”) and “B facility construction” as the construction cost of KRW 1.12,53 million.

(hereinafter “instant construction project”). B.

On November 6, 2013, the Plaintiff received a lump sum sub-subcontract for the instant construction project from the Defendant, and the major terms and conditions of the contract are as follows.

(hereinafter “instant re-subcontract contract” hereinafter). A public official: A contract for the construction of the facility B (a frame) above: the construction period of the Nowon-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan

6. The scope of construction shall be to carry out the whole types of public works on the detailed design statement.

7. The quantity shall be based on the design quantity, and shall be applied after mutual consultation at the time of increase or decrease.

10.The input of human resources/materials/Equipment should be made in such a way that it does not interfere with the progress of the field work, and if the defendant requests an additional input in the course of the field work, the plaintiff must make an additional input immediately.

(Provided, however, there is no change in the unit price in any case). 11. The input of human resources, equipment, and materials due to the failure to perform construction works on the part of the plaintiff shall be made on the part of the plaintiff, and shall be included in the unit price of contract.

C. On December 23, 2013, an industrial accident occurred at the construction site of this case, and the safety management supervision of the prime contractor was strengthened.

On May 2014, the Defendant requested a prime contractor to increase the construction cost equivalent to KRW 400 million on several occasions by submitting materials, such as delayed entry of machinery and equipment into and out of the main contractor, delay of civil engineering works, difference in drawings with connected type, change in structure drawings, etc.

E. From June 12, 2014 to June 25, 2014, the Plaintiff suspended the instant construction.

F. On July 29, 2014, the Defendant: (a) the principal contractor and the instant construction cost in the amount of KRW 1.122,53 million from KRW 1.34,596 million.