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(영문) 서울고등법원 2015.01.14 2013나59434

공사대금

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The gold industry Co., Ltd. (hereinafter “gold industry”) contracted the construction of apartment complexes B B-C 4 and 6 in Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul, and entered into a subcontract for the construction work of apartment complexes, and on August 18, 2009, the construction work of the fourth complex was determined as the construction cost of the construction work (hereinafter “instant construction work”) at KRW 992,242,775 (supply price).

B. On October 20, 2009, Pyeong Development re-subcontracted the instant construction project to the Plaintiff. On August 20, 2009, between the Plaintiff and the Plaintiff, a written agreement between the agreed amount of KRW 912,863,00 (excluding value-added tax) with respect to the instant construction project, and the agreed period from August 19, 2009 to June 30, 201 (hereinafter “instant agreement,” and the agreement pursuant thereto is referred to as “instant agreement”), and the main contents are as follows.

1) Payment shall be made in cash on the 30th day of the following month in accordance with paragraph 2: Provided, That when payment is made, the amount shall be paid after deducting the site input cost of “A” (e.g., balanced development) from the amount payable. 2) The method of calculating the contract amount shall be 92% of the details of the attached contract.

3) “B” (Plaintiffs) shall complete the construction work in accordance with the accompanying specifications and specifications. 5) “B” shall additionally settle the additional construction work incurred at the site in the same manner as the unit price 2 is attached to the unit price.

Provided, That the items other than the details shall be settled by the method of payment of the above paragraph (1) in consultation with the "A".

6) “A” shall assist in all administrative affairs for the construction work of “B”. 7) “B” shall bear all the expenses and expendable expenses for the construction work.

14) “B” may terminate a direct payment or contract in accordance with the judgment of “A” if the progress payment (wages and material costs) paid by “A” every month is not normally disbursed. (In the event of civil or criminal problems, the responsibility of “B” is the responsibility of “B”.

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