beta
(영문) 광주고등법원 2016.07.08 2014나3404

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts recognized;

A. In around 2010, Korea ordered the construction of a new government office building A of the Gwangju District Public Prosecutor’s Office (hereinafter “new government office building construction”), and the construction of a housing complex (in the case of a new government office building company for convenience, the portion of the corporate name “stock company” is not indicated separately), the construction of a housing complex, a housing complex construction, a housing complex construction, and a forestry complex construction jointly contracted for the new construction of this case.

(hereinafter referred to as “instant joint supply and demand organization”). (B) The instant joint supply and demand organization refers to four copies, such as the comprehensive construction of leather sites.

Around October 8, 2010, the instant joint contractors entered into a subcontract with the Plaintiff, the subsidiary company of the instant joint contractors, with the term “694,650,000 won (including value-added tax)” and the term of construction “from October 8, 2010 to December 20, 2010,” with respect to the portion of the instant new construction works among the instant new construction works, the construction period was reduced to KRW 407,100,00 (the subsequent construction period was reduced to KRW 407,100,000, and the construction period was extended to March 28, 2011). ② With respect to the portion of the packaging construction (hereinafter “instant package construction”) between the Defendant and the instant new construction works, the construction period was reduced to KRW 536,80,000,000 (including value-added tax), and the construction period was extended to KRW 300,010 to KRW 30,205,201.

C. The plaintiff and the defendant, the Republic of Korea, and the joint contractors of this case agreed to pay the construction cost under the subcontract as seen earlier directly to the plaintiff and the defendant, respectively, and the completion inspection on the new construction was completed around March 28, 201.

On the other hand, on May 27, 2011, the Defendant filed a lawsuit against the Republic of Korea and the instant joint contractors, claiming the payment of the subcontract price unpaid in relation to the packing construction at Seoul Central District Court 201 Gohap52708.

At the time, joint contractors of this case shall pay to the Plaintiff.