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(영문) 대구고등법원 2015.01.29 2013나3157

공사대금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Around September 2011, the Defendant concluded a contract on construction works with the Defendant’s construction cost of KRW 1,825,000,000 (including value-added tax) and the construction period from September 16, 2011 to August 31, 2012 (construction work completion) with respect to the Defendant’s construction work for facilities modernization of processing facilities for fostering high quality rice and brand (hereinafter “instant construction work”).

(hereinafter “instant construction contract”). B.

Type C Engineering subcontracted part of the instant construction work to the Plaintiffs after the conclusion of the instant construction contract. ① Plaintiff A subcontracted part of the instant construction work to the Plaintiffs on August 2, 2012: (a) on the part of the instant construction work, KRW 18,000,000 (including value-added tax); (b) Plaintiff SCo subcontracted electrical construction among the instant construction work on June 12, 2012, KRW 220,000 (including value-added tax); and (c) Plaintiff B subcontracted the instant construction work on May 14, 2012 to KRW 240,00,000 (including value-added tax); and (d) Plaintiff C subcontracted the HM construction work on June 12, 2012 to KRW 18,00,000 (including value-added tax).

(hereinafter “each of the instant subcontracts”). (c)

Meanwhile, by September 11, 2012, the Defendant paid KRW 1,141,060,000 as construction price to the e-engineering engineering.

On November 15, 2012, the Defendant settled the unpaid construction cost as KRW 513,908,934.

E. On November 16, 2012, the Defendant entered into a contract for construction works with the member S resin Co., Ltd. (hereinafter referred to as “NE”) with respect to “the remainder of the instant remaining construction works suspended while the CC engineering was underway” as of November 16, 2012, with the construction cost of KRW 129,900,000 and the construction period from November 20, 2012 (Commencement commencement) to December 20, 2012 (construction completion). The Defendant completed the said construction works around December 20, 2012.

[Reasons for Recognition] A without dispute, Gap's 6 (as referred to in subparagraph 6, 7 of Eul evidence 6), 8, 12, 13, 14, 16, 20.