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(영문) 인천지방법원 2016.01.08 2014가단46586
공사비
Text

1. Of the instant lawsuits, KRW 17,706,50 and the portion claimed for damages for delay from September 18, 2014 shall be dismissed.

2...

Reasons

1. Facts recognized;

A. With respect to the part of the main steel framed building construction among the 2nd base steel station construction works in Antarctica, a contract was entered into in order from Hyundai Construction Co., Ltd. to Hyundai Industries Co., Ltd and the Defendant, and the Defendant entered into the following contracts with the Plaintiff at re-subcontracting the said construction.

(1) A contract for temporary assembly and dismantling works dated June 18, 2012

1. Name of the Corporation: Works to dismantle the assembly and assembly of main units in Antarctica among the construction works in Antarctica Type 2 (hereinafter referred to as the “instant provisional assembly works”);

2. Period: From June 2012 to August 2012.

4. Quantity of the construction: 630.9 tons of this Sub-Section.

5. Construction cost: 138,600,000 won (value of 126,00,000,000 won for supply, and value-added tax of 12,60,000 won); and

6. 1) Initial payment: To be based on the quantity of work by process in accordance with the standard on the 25th day of each month (a contract for the installation works made on November 20, 2012);

1. Construction name: Installation works in the second-base construction works in Antarctica (hereinafter referred to as "construction works in this case");

2. Period and place of construction: The Antarctic area from November 201, 2012 to April 2014.

5. Construction cost: A detailed statement of contract according to the classification of work: 1,038,400,000 won (the supply price of KRW 944,00,000, value of KRW 94,400,000): A separate statement of contract for the plaintiff in the middle of entry and departure.

1. Terms and conditions of the contract 1) The Plaintiff’s employee should, in principle, be dispatched to the Defendant’s employee under the Defendant’s control. (3) On September 11, 2013, the Plaintiff and the Defendant concluded an employment contract with the Plaintiff’s employee and the Defendant agreed to pay labor cost, and the amount of construction cost was changed to KRW 148,720,00 (including value-added tax), excluding labor cost, etc., from the construction cost under the above (2) contract amount. (B) The Plaintiff completed each of the instant construction works. (C) On the other hand, on December 10, 2013, the Plaintiff is the latest mid-term Co., Ltd., the Plaintiff

Between them, 55 million won out of the amount of credit of 61,706,500 won against the plaintiff at the latest, until April 25, 2014, the remainder of 6,706,50 won.

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