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(영문) 서울고등법원 2019.01.24 2018나9311

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On December 4, 2016, the Defendant engaged in freezing facility construction business with the trade name of “F” for the installation of freezing and freezing equipment (construction work) for the mountainous district processing of brin fishery products, the Defendant ordered the Plaintiff, who installed the freezing facility construction work and installed A/S in the name of “G”, to subcontract the construction work price of 191,94,000 won (including value-added tax; hereinafter the same shall apply) for freezing equipment construction work for the freezing fishery products in the area of brine fishery products, and the Plaintiff completed the said freezing facility construction work (hereinafter the “first construction work”).

B. H’s operation of D Da on January 18, 2017, of the freezing equipment installation (2nd 1) of the D rapid freezing room (hereinafter “D”) appears to be a clerical error in the “ionion freezing machine” under the cascade freezing agreement to the Defendant on the d’s rapid freezing room. The niver (www cascade refrier heating achine) uses a cold with high pressure on low temperature, and the freezing is a freezing machine using a cold with low pressure of 80 to 100 degrees high. The niver that uses a cold with low pressure of 80 to 100 degrees high. The construction cost of the construction work of the construction work of the Plaintiff was ordered to be KRW 154,00,000,000 for the construction cost of the construction work, and the construction work cost of the 30T (15 hours’ tons tons), which was subject to a special agreement, was set to the Plaintiff’s performance on the freezing equipment.

(However, there is no provision on the specifications and performance conditions of the freezing equipment in the contract). Payment of the contract amount (only 10% separate from the value-added tax) 60 million won of the down payment - the intermediate payment of KRW 40 million after the conclusion of this contract - Article 3 [subcontractor] after the completion of the equipment

1. Eul (referring to the plaintiff; hereinafter the same shall apply) shall include the terms of this contract, the specifications of the construction work and the site descriptions, etc., and shall execute the construction work in response thereto;

2.B Unless otherwise specified in the design documentation, the Corporation shall do so.