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(영문) 부산고등법원 2015.12.03 2014나8479

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant is from March 7, 2014 to KRW 107,512,754 to the Plaintiff.

Reasons

1. Basic facts

A. 1) Modern Construction Co., Ltd. (hereinafter “Modern Construction”).

(2) The Korea Rail Network Authority was awarded a contract for a C construction work from the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”). The Korea Telecommunication Authority was awarded a contract for a PSC BOX upper part of the said construction work, which is contracted for modern construction from modern construction.

3) On December 7, 2012, the Defendant was awarded a subcontract for the removal work of E and coastal line tracks among the above construction work subcontracted by the same bank engineering from the same bank engineering, and the Plaintiff and the Plaintiff were to perform the removal work of coastal line tracks (hereinafter “instant construction”).

2) The subcontractor of the contract for construction work (hereinafter “instant subcontract”).

(2) The main contents are as follows:

Contract for Construction Works Subcontracts

1. The name of a project owner: The project owner who awards a contract for a cost-of-way project for removal of a coast line among construction works: The period for removal of a coast line between January 1, 2013 and June 30, 2013: the removal of a coast line bridge;

4. Construction period: Amount of contract on June 30, 201 on January 1, 2013, 2013: Value-added tax of 38,500,000 won: 38,500,000 won;

6. Payment of the construction cost;

(b) Adjustment of price due to design change, change in economic situation, etc.: Within 30 days from the date of adjustment by the ordering person; 10. Matters to be observed for construction works shall be adjusted according to the contents and proportion of the matters to be observed: The plaintiff shall pay attention to the surrounding structures such as noise and dust at the time of removal so as not to avoid any harm to the neighboring residents, and all civil petitions arising in relation to the removal

11. Payment of subcontract price: (3) At the request of the plaintiff and on approval, the defendant may directly pay the contract price and shall be deducted from the payment.

나. 철거공법 변경 1) 원피고 사이에 당초 약정된 철거공법은 교량 상판의 경우 휠쏘(Wheel Saw 를 이용하여 절단하고, 교각의 경우 코어천공 후 다이아몬드...