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Reasons
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(영문) 대전고등법원 2016.12.23 2015나2117
공사대금
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1. Of the judgment of the first instance, the part pertaining to the part reversed by the judgment of remand against the Defendants is remanded.

Reasons

1. Basic facts

A. The Defendants entered into the construction contract with the Defendants, around March 16, 2009, contracted with the Republic of Korea for construction works for the project for the maintenance of ecological rivers in the area B (hereinafter “instant improvement project”) in the total construction cost of KRW 20,698,78,000.

B. 1 The Plaintiff, including the conclusion of a subcontract between the Plaintiff and the Defendants, shall be KRW 154,715,400 on June 28, 2010, the Plaintiff shall be KRW 74,512,00 on December 10 of the same year, KRW 405,975,00 on December 31 of the same year, KRW 44,848,00 on March 24, 201, and KRW 44,848,00 on March 24, 201.

7. 4. 74,489,000 won and 88,508,000 won paid on December 15 of the same year, the above company is considered to have been engaged in construction work together with the plaintiff in the same position as the plaintiff, and there is no dispute between the parties in relation to this part, so this part of the contract is to be determined under the premise that only the plaintiff is in the status of the subcontractor.

On May 6, 2010, the Defendants and the Defendants entered into a subcontract for construction works (hereinafter “instant landscaping facility contract”) with respect to the construction works of the instant improvement project, with the construction cost of KRW 2,251,656,00 (including value-added tax; hereinafter the same shall apply) and the construction period from May 6, 2010 to December 20, 2010.

However, if the subcontract amount falls short of a certain ratio of the original contract amount, the Plaintiff and the Defendants shall have the subcontractor examine the subcontractor’s execution capacity, appropriateness, etc. of the subcontract (amended by Act No. 10719, May 24, 201) (1) Article 31 of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 201) (1).

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