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(영문) 광주고등법원 2016.09.30 2014나4667

과다기성금 반환 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 9, 2009, the Plaintiff received a subcontract for D’s construction cost of KRW 963,050,000 (hereinafter “instant original construction”) from Scco Construction Co., Ltd. (hereinafter “Scco Construction”), and the said construction cost was finally increased to KRW 8,276,76,000 after nine times thereafter.

B. The Plaintiff entered into a contract with the Defendant regarding the construction participant with respect to the steel bars 1 (Iron processing assembly) construction (hereinafter “instant construction”) among the instant original construction works

(hereinafter referred to as “the instant construction contract.” From September 2009, the Defendant began to work in accordance with the instant construction contract from around September 2009, and drafted a contract for the instant construction project with the Plaintiff on November 6, 2009.

The unit cost of a contract for the construction work (unit price by item): Article 9 (Defendant) of the 2.10,000 won per ton of the steel processing assembly (COLING TOWER) shall be paid to “B”, and “B” shall be paid to “B”, and “B” shall be paid to “A” in good faith to the competent authority, within the scope of confirmation of the nature of the site manager at the time of the work commencement, and the amount of tax acquired shall be paid to “B”, and “A” shall be paid to “B” in good faith.

Article 13 "B" shall have all the persons printed out by "B" wear safety protective equipment (safety equipment, safety bell, safety bell, security light, fire-proof horse, etc.) in accordance with the relevant safety and health management regulations and put them into the workplace.

Article 15 (B) "A" shall be paid at the expense of "B" when a ground for the payment of retirement allowances of a worker employed by "B" occurs.

In order to facilitate access to the workplace, the employment contract of a worker employed by "B" shall be concluded by "A" for convenience.

Special Terms and Conditions (Terms and Conditions of Contracts)

3. The defendant's flag and settlement shall be based on the contract unit price.