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(영문) 수원지방법원 2017.06.15 2016나55384
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2, 4, 6, 8, 9, and Eul evidence Nos. 1 to 7 (including each number), may be admitted by integrating the whole purport of the pleadings:

On July 12, 2012, the Plaintiff entered into an annual salary contract (hereinafter “instant employment contract”) with the Defendant Company (the trade name before the change was a stock company, but the trade name was changed as of December 11, 2015) by stipulating the term of the employment contract from July 12, 2012 to July 11, 2013. The instant employment contract included the content of “the annual rate rate may be paid based on performance” (Article 3(e) of the annual salary contract).

B. Meanwhile, on April 11, 201, the Defendant Company entered into a subcontract with a joint supply and demand company with the representative company of Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”), under which the Defendant Company entered into an agreement with the Defendant Company to accept the instant construction contract with the construction cost of KRW 9,108,00,000 among the Newly-built Construction Works in Daegu-gun E (hereinafter “instant construction project”), and entered into the instant construction project with the terms that the Defendant Company would have agreed to accept the instant construction cost of KRW 9,108,00,000, and was performing the instant construction from that time. From July 15, 2012, the Plaintiff worked as the head of the Defendant Company

C. On September 18, 2012, the Plaintiff increased the cost of construction to Hyundai Construction, a representative company of a joint supply and demand company, and there was a factor to additionally cover construction costs due to the type of work omitted or the performance of work work units against flood control, etc., and there is a need to change the scale of earth breaking out during soil reduction period into the unit price for the type of work destroying work. Accordingly, the instant construction cost should be increased by KRW 4,600,000,000 by reflecting the aforementioned factors. Of the instant construction cost, the principal contractor should bear the burden in accordance with the relevant statutes and regulations.

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