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(영문) 부산지방법원 2019.07.04 2018나54057

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter referred to as “C”) around May 26, 2014: (a) around the construction period was set from Yangsan-si Co., Ltd. (hereinafter referred to as “instant new construction”) to the period from July 10, 2014 to April 30, 2015; and (b) was awarded a contract by setting the construction period from Yangsan-si Co., Ltd. D to the construction period.

B. From August 2014, the Defendant carried out construction works of reinforced concrete among the instant new construction works (hereinafter “instant steel bars”).

With respect to the new construction of this case, A (the plaintiff in this case; hereinafter referred to as the "A") shall consult with B (the defendant in this case; hereinafter referred to as the "B") about the implementation of the following matters in good faith in entrusting all of the above construction works to B (the defendant in this case; hereinafter referred to as the "the defendant in this case") and agree as follows:

Article 1 (Status of Supply and Demand of “A” : The contract amount for the new construction of D Yangyang Factory: 900,000,000 won (excluding VAT separate construction period, such as materials and equipment): From July 10, 2014 to December 31, 2014, “A” is responsible for the entire operation of the aforementioned construction; and “B” is to fully accept and cooperate with the ordering entity with respect to major affairs such as overall consultation and collection with “B” and all matters of the said construction.

Article 3(1)(b)(3)(3)(3)(b)(3)(3)(3)(2)(3)(2)(2)(2)(2)(2)(3)(2)(2)(2)(2)(2)(2)(2)(2

(2) All other expenses incurred in performing construction works, such as civil petition treatment expenses, authorization and permission expenses, rental-owner duties, etc., shall be borne by "all".

(3) “B” shall receive the construction cost from “A” and appropriate the construction cost related to this project, but shall not issue any unpaid construction cost due to this project.