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(영문) 서울고등법원 2018.02.23 2017나2005424

공사대금

Text

1. Of the judgment of the court of first instance, the judgment against Defendant Hyundai aluminium Co., Ltd. exceeding the next payment order.

Reasons

Basic Facts

The conclusion and alteration of the contract between the Plaintiff and the Defendant Hyundai Industries Development contracted the “A-new construction work” from the cultural broadcasting company to the Defendant Hyundai Industries Development subcontracted the C-A-new construction work among them to the Defendant Hyundai Industries.

On December 12, 2011, Defendant Hyundai aluminium re-subcontracted the construction period from December 12, 201 to December 31, 2012, with the construction cost of KRW 2,110,000,000 (in relation to the entrustment of manufacture, KRW 1,910,000,000, labor contract, KRW 200,000,000, value-added tax) for the double radioactive works, etc. (hereinafter “instant construction work”).

(hereinafter referred to as the “instant contract”). A contract statement (No. 33) attached to the contract prepared at the time of the instant contract (Evidence B) contains the phrase “3. On-site adjustment expenses, employment insurance premium and all other expenses,” and the phrase “all expenses incurred by Defendant Hyundai aluminium’s employment upon the Plaintiff’s request, which the Plaintiff bears (employment insurance premium, national pension premium, health insurance premium, etc.).”

Since then, there was a change in the construction work of this case, and there was a dispute regarding the increase in the construction work price between the Plaintiff and the Defendant Hyundai aluminium.

The Plaintiff filed an application for dispute mediation with the Fair Trade Commission, and on August 22, 2013, the following mediation (hereinafter “instant mediation”) was established.

The defendant Hyundai aluminium prepared on August 22, 2013 and implemented the terms of the agreement attached to this protocol of mediation.

Secretary of the United States of America

1. The Defendant Hyundai aluminium and the Plaintiff confirmed that the construction cost was increased by KRW 2,334,85,741 from KRW 2,110,074,322 to KRW 224,781,419 due to the modification of the design of the instant construction, and the agreement entered into between the Parties on August 20, 2013.

2. Defendant.