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(영문) 서울고등법원 2020.02.07 2019나2025156

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. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the addition or replacement as stated in the following paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance, which added or added, 15 lines (15 lines) of all insurance premiums, retirement allowance deduction installments, safety management expenses, etc. shall be claimed as follows. 2) The defendant's summary of the defendant's assertion that the insurance premiums, retirement allowance deduction installments, safety management expenses, etc. should be claimed against the plaintiff out of the contract price of the construction contract of this case.

The Defendant appears to claim that the “Safety Management Expenses” set out in the contract specifications under the instant construction contract is the “Safety Management Expenses”, which is the cost necessary for the safety management of construction works under Article 63 of the Construction Technology Promotion Act. However, in light of the fact that the amount of the “Safety Management Expenses” under the said contract specifications is calculated directly by 1.86% of the direct construction cost, the said “Safety Management Expenses” appears to be the occupational safety and health management expenses prescribed in Article 30 of the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019; hereinafter

[2] Since the Corporation is obligated to settle the amount based on actual expenditure costs, the total amount of KRW 58,696,200 shall be deducted from the construction cost. (1) The construction project in this case is subject to the reflection of national health insurance premiums, national pension premiums, long-term care insurance premiums for the aged, and the tender participants are subject to the reflection of national health insurance premiums, national pension premiums, and long-term care insurance premiums for the aged.