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(영문) 서울고등법원 2015.10.01 2014나31532
손해배상(기)
Text

1.The judgment of the first instance, including the claims added or modified in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant subcontract and the instant modified contract, around January 28, 2010, with respect to the construction of a complex for the development of a marina zone urban development project from Esachi to Esachi (hereinafter “Industrial Complex Construction Project”).

Of sections 2, construction works (hereinafter referred to as “two sections”).

(2) On June 4, 2010, the Defendant concluded a subcontract between the Plaintiff and the Plaintiff on June 1, 2010, under which the construction cost was KRW 61,162,400,000 (hereinafter “instant subcontract”). The Defendant divided two sections into KRW 1,20,00, and entered into a single minute (attached Form 19 through 22, ZNE 24 or 30), and entered into a subcontract between the Plaintiff and the Plaintiff on the condition that the said two sections were subcontracted for the construction of reinforced concrete, and the ZNE 24 or 30.

In addition, the defendant awarded a subcontract to the New Cooperative Construction Co., Ltd. (hereinafter referred to as the "New Cooperative Construction") for the two sections of the two sections of the construction, the two sections of the construction, the reinforced concrete construction, and the Excellent Construction.

3) The main contents of the instant subcontract are as follows. The construction period is as follows: The contract amount of 9,739,296,000 won on June 4, 2010 and December 31, 2012: The contract amount of 9,739,296,00 won (i.e., direct construction cost of 8,435,135,133,616, the employment insurance premium of 27,414,184, health insurance premium of 43,272,235, the pension premium of 70,60,602,602,602,60,068, industrial health and safety management expenses of 25,305,400,000 won, and purchase price of 344,272,497,000 won: 10% of the contract amount of 5% of the contract amount (i.e., payment guarantee and payment guarantee of the following construction price:

1. The method of guaranteeing the contract performance of the amount equivalent to 10% of the contract amount to the defendant.

1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the credit guarantee fund equivalent thereto;

2. National or local bonds;

3. Payment guarantee by a financial institution; or

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