손해배상(기)
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order is ordered in excess of the amount ordered below.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around October 2013, the Plaintiff was established for the purpose of an engineering work business, etc., and entered into a construction contract (hereinafter “instant construction contract”) with the Defendant to subcontract the construction work of reinforced concrete to the Defendant during the new construction work of “D apartment” (hereinafter “E”) that the Plaintiff was contracted by E Co., Ltd. (hereinafter “E”), and at the time, the Selection C guaranteed the Defendant’s obligation against the Plaintiff based on the instant construction contract.
B. The main contents of the instant construction contract are as follows.
Article 2 (Evidence A No. 1) of the performance-based work contract (the content of the agreement) the Defendant shall enter into an agreement and work to complete the instant work within the construction period as follows:
Type of construction: The construction period under Article 3 (Construction Period) of the Value-Added Tax (including value-added tax) shall be from October 21, 2013 to May 30, 2014.
Article 4 (Various Insurance Premiums) The above-mentioned amounts shall include all the expenses to be borne by each worker as an employer due to the employment of workers, such as wages of each worker, all kinds of equipment costs, all kinds of material costs, safety facilities and management expenses, waste disposal expenses, simple meals, meals, meals, class taxes, resident tax and employment insurance.
Article 5 (Payment of Price) (1) Even if an increase or decrease in quantity occurs by at least 10% after completion of the construction, settlement may be made without a unit price change, but it shall be mutually recognized when applicable according to approval or settlement of the original office building.
2. The amount of the above agreement is the amount determined by mutual consultation according to the results of sufficient review of the plaintiff's execution drawings, construction specifications and special specifications, and the unit price and amount determined by the time the participation in construction is completed, and there is no increase, and it shall be adjusted according to
(5) The defendant shall pay the labor cost to the input persons after receiving the progress payment at the monthly rate without reservation: Provided, That the defendant shall pay the labor cost to the input persons.