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(영문) 광주고등법원 2021.02.03 2020나22086

공사대금

Text

1. The judgment of the first instance, including the claims added by the Plaintiff A in this Court, is as follows.

Reasons

1. Inasmuch as the reasoning of the judgment of the first instance is the same as that of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, except for the parts which are written or added under basic facts, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure

The representative director T of D, F, and S Co., Ltd. (hereinafter “S”) shall participate in the above bidding after the first instance judgment 4th 21th 21th e.g., add “D, F, and S Co., Ltd. (hereinafter “S”), and even if a company award a contract, the Corporation shall implement the contract, and even if a company award a contract, some of the construction cost that the Plaintiffs shall pay the Plaintiffs as construction cost for the field execution, and the remainder of the construction cost shall be divided at the same rate as the Plaintiffs, Defendant, and S” (hereinafter “instant agreement”).

The portion of the 5th 14th 15th 15th 15th 15th 15th 1st 5th 5th 15th 1st 1st 1st 1st 5th 1st 5th 5th 5th 5th 6,414,424,335 (including value added KRW 583,129,151) of the total construction cost (the amount based on the management ledger of the performance records of the previous 1st 26th 26th 20th 2th 200) was written.

The first instance judgment shall be deleted from 5 pages 16 to 7 pages 6.

2. The parties' assertion

A. Plaintiffs 1) Specific contents of the instant agreement agreed upon by F, D, and T are as follows.

A) The Defendant shall pay the Plaintiffs 70% of the remainder (hereinafter “the instant net construction cost claimed by the Plaintiffs”) obtained by deducting actual expenses (value added tax, industrial accident insurance premium, employment insurance premium, national pension insurance premium, health insurance premium, and expenses for materials incurred in the field (hereinafter “instant actual expenses”) from the contract price for the instant construction project (hereinafter “the contract price before Korea”) received from Korea War (hereinafter “Korea War”).

B) Of the 30% of the net construction cost claimed by the Plaintiffs, the installments calculated by 8% of the net construction cost claimed by the Plaintiffs (hereinafter “management expenses”) shall vest in the Defendant, and 22% of the net construction cost claimed by the Plaintiffs shall be reverted to the Defendant, and the Plaintiffs, Defendant, and S shall each serve 1/3.