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(영문) 서울고등법원 2019.01.18 2018나2033990

공사대금

Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

Basic Facts

The plaintiff is a company that operates pipes construction business in the name of "E", and the defendant is a company that aims at piping construction business.

The Defendant contracted the Hak-up Corporation (hereinafter “instant Corporation”) in the Docheon Factory from C (hereinafter “C”) and subcontracted to the Plaintiff around April 20, 2015, by receiving a contract for the Hak-up Corporation (hereinafter “instant Corporation”).

(hereinafter “instant contract”). The Plaintiff performed the instant construction work from April 20, 2015 to March 4, 2016.

The defendant received the construction cost (excluding value-added tax) from C for each construction period as follows:

In addition, the Defendant paid KRW 1,061,314,697 to the Plaintiff regarding the instant construction project.

As of April 20, 2015 to January 19, 2016, from January 20, 2016 to February 20, 2016, the fact that there is no dispute over construction cost 1,435,57,651 to February 19, 2016 from March 19, 2016, 273,246,091 291,924,997 [Grounds for Recognition], A, 1,2,3,3, 18, 19, 20 (including each number of numbers; hereinafter the same shall apply), 40, 48, and 50 evidence, the fact inquiry conducted by the first instance court regarding C, the purport of the inquiry conducted by the parties to the lawsuit against the Plaintiff, and the Plaintiff’s claim that the construction price was paid to the Plaintiff (including the Plaintiff’s claim that the Plaintiff’s total value-added tax was paid to the Plaintiff, 3607, 27584,780

On the other hand, the Defendant, in addition to the personnel expenses incurred in relation to the instant construction project, had the Defendant bear the expenses.

In other words, the amount equivalent to indirect expenses, etc. paid by the Defendant is not deducted from the construction cost received from C, and the amount equivalent to indirect expenses, etc. paid by the Plaintiff was paid separately to the Plaintiff.

In addition to personnel expenses, the Plaintiff’s machinery equivalent to KRW 91,516,898 for the purchase of materials and safety supplies for the instant construction work, such as X-gu and T&D.