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(영문) 대구지방법원포항지원 2020.07.23 2020가단101322

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into the instant agreement on August 1, 2018 (including value-added tax; hereinafter the same shall apply) KRW 769,219,300 for the cost of earthquake-proof reinforcement works from C Middle Schools on August 1, 2018

The construction period was set from August 1, 2018 to December 28, 2018.

6. The ratio of the Plaintiff’s shares in the construction project: The total amount of the commencement price agreed upon, excluding the amount indicated in the value-added tax and deductible items.

85% shares of the defendant: 15% of the amount of commencement of the contract: Industrial accident, employment, health, pension, long-term care insurance premium for the elderly, construction machinery rental deposit.

8. On August 1, 2018, the Plaintiff, as a recipient, entered into a construction work participation agreement with the Defendant, who is the principal contractor (hereinafter “instant agreement”), with respect to all approvals, including tax invoices and daily labor expenses, as well as the principal contractor’s direct disposition.

(3) The main contents of the “special terms and conditions of the construction agreement” attached to the instant agreement are as follows: (a) in the event that the construction is delayed or the construction is suspended, all liability shall be adjusted according to the content and proportion thereof within seven days from the date the order was adjusted by the order office; (b) in the event of a modification of the design; (c) after the completion of the construction, all liability arising from the relevant construction works are liable to the beneficiary for any defects incurred therefrom; (d) in relation to the payment of money; (e) tax invoices and other all other matters; and (e) the recipient is liable to the beneficiary.

B. 1) During the process of the Plaintiff’s performing the said construction, D, a representative of the Plaintiff, worked as a field agent of the said construction. 2) Defendant C Middle School agreed to increase the construction cost as KRW 806,645,861 upon the Plaintiff’s request, but at the request of D on December 24, 2018, the completed construction payment for the said construction is 789,761.