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(영문) 부산고등법원(창원) 2014.10.29 2013나3630

공사대금

Text

1. Of the judgment of the first instance, with respect to the Plaintiff (Counterclaim Defendant), the following money is ordered to be paid to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. A. On September 28, 201, the Defendant, a company conducting construction business, etc., subcontracted the part of reinforced concrete construction works (hereinafter “instant subcontract”) to the Plaintiff, a company conducting reinforced concrete construction business, etc. (hereinafter “instant construction”) among the said construction works (hereinafter “instant subcontract”), and the main contents of the said subcontract are as follows.

Construction price: The period of construction (including value-added tax): From October 24, 2011 to January 31, 2012:

(a) Advance payment of KRW 5,000,000; and

(b) Endd portion: (1) Payment of 50 per cent after completion of 80~90 per cent of the steel container works (2) Payment rate of liquidated damages for delay within 15 days after completion of the steel container works: 0.1 per cent;

B. While the instant construction is being carried out, the original Defendant Company: (a) additionally prepared two subcontracting agreements on March 22, 2012, including: 1; (b) two additional subcontracting agreements on May 4, 2012; and (c) one further subcontract agreement on May 4, 201; and (b) the principal details stated in each subcontract agreement are as follows: (a) the contract date of additional subcontract agreements on November 2, 201: the construction price of KRW 193,373,60 (including value-added tax): the construction period of KRW 193,37,60 (including value-added tax): From November 2, 201 to January 11, 201: 0: 0.1%; 20.35 additional subcontracting agreements on March 25, 2012 (Evidence 2: 1:0.2); and (c) the construction period of KRW 201.36.1.65% (including value-added tax on March 25, 2019: 201.201.6).20

C. Meanwhile, the original Defendant Company’s written contract on March 22, 2012, which was signed and sealed two additional subcontracting agreements, including the above 1, 2, and 2, is a contract which was made voluntarily in order to submit it to the High Military, and the actual construction cost of the instant subcontract (hereinafter “construction cost”).

of this title.