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(영문) 광주고등법원 2016.04.08 2015나14418
공사준공금
Text

1. The plaintiff's appeal is dismissed.

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

The defendant of the purport of the claim shall make the plaintiff 505,738.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s construction contract conclusion 1) Construction of the Plaintiff and Young-gu Co., Ltd. (hereinafter “Y Young-gu Construction”).

A) On April 16, 2012, the Defendant (competent: the finance commissioner of the Korea Coast Guard of the Ministry of Oceans and Fisheries, hereinafter the same shall apply) constituted a joint contractor on April 16, 201

(A) The Corporation and the “A” (hereinafter referred to as the “instant Corporation”).

(2) On December 2012, 2012, the Plaintiff and Young-gu Construction concluded a contract for the first subcommittee construction among the instant construction works, and the second subcommittee construction among the instant construction works around December 2013. On January 22, 2014, the Defendant and construction period from January 23, 2014 to June 21, 2014. The total contract amount of the instant construction works is KRW 9,732,80,000, and the contract amount of the third subcommittee construction among the instant construction works is KRW 4,179,40,000, respectively (hereinafter referred to as “the third subcommittee construction”). On June 20, 2014, the contract amount of the instant construction works was modified to KRW 10,161,70,000,300,300,300,300,300,300,300,300.

(The share of the Plaintiff as to the third sub-construction and the sub-construction are 70% of the Plaintiff for civil engineering works, 30% of the Young-do Construction, and 100% of the Plaintiff for construction works and landscaping works).

On July 25, 2013, the Plaintiff entered into a subcontract agreement with the Plaintiff and the Plaintiff, a temporary closure corporation (hereinafter referred to as “members”), and the period of construction for landscaping works among the instant construction works, from July 25, 2013 to April 7, 2014, the subcontract amount was determined as KRW 1,568,050,00, and the subcontract amount was changed on March 17, 2014, and the construction period was changed from July 25, 2013 to June 21, 2014.

C. On April 14, 2014, after the conclusion of the said subcontract, the Plaintiff, Defendant, and temporary closure agreed to pay the subcontract price directly to the temporary closure pursuant to Article 35(2) of the Framework Act on the Construction Industry.

hereinafter referred to as "the direct payment of this case".

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