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(영문) 광주지방법원순천지원 2014.10.29 2013가합2550
과다기성금 반환 등
Text

1. The Plaintiff:

A. Defendant A’s KRW 780,352,551 as well as 5% per annum from July 24, 2013 to October 29, 2014.

Reasons

1. Basic facts

A. On September 9, 2009, the Plaintiff received a subcontract for D’s “D” (hereinafter “D’s subcontracted construction”) from Maco Construction Co., Ltd. (hereinafter “Maco Construction”) for construction cost of KRW 963,050,000 (including value-added tax).

[The construction cost above has been increased to KRW 8,276,776,00 (including value-added tax) on January 28, 201 through the process of contract revision more than nine times after the amendment.]

The Plaintiff entered into a contract with Defendant A as to the wood processing assembly work among the subcontracted work of this case with Defendant B on the steel processing 1 (Iron processing assembly work) and with Defendant C on the steel processing 2 (Iron processing assembly work).

(1) From September 209 to September 1, 2009, the Plaintiff and the Defendants entered the construction project in accordance with each of the instant construction contracts. The Plaintiff and the Defendants drafted a contract for construction participants with the following content: (a) the wood processing team that Defendant A turns out; (b) the steel processing team that Defendant B turns out; and (c) the steel processing team that Defendant C turns out, from September 2009, entered the construction project.

The contract unit price for the construction work (unit price by item): The contract unit price for the construction work (unit price by item): 19,500,000,000 won per ton of the steel processing and assembly (COLING TOWER) shall be 20,000,000 won per ton of the steel processing and assembly (unit price by item): The defendants refer to the defendants under Article 9 of the common contract terms and conditions.

Of the wages generated during the work progress, the first period is 50 days after the commencement of the work, and from the next day, “A” refers to the Plaintiff within the scope of confirmation of the nature of the site manager once a month (20-31 day).

The payment shall be made to "B", and "B" shall prepare a statement of labor expense, withhold the income from employment, and transfer "A" to "A", and "A" shall pay the amount of tax acquired to the competent authority in good faith.

Article 13 "B" shall be "B".

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