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(영문) 대전고등법원 2017.11.15 2016나15783
공사대금
Text

1. The first instance judgment, including the conjunctive claim added by this Court, shall be amended as follows:

The plaintiff.

Reasons

Basic Facts

The plaintiff is a company that operates the steel structure construction business and the non-scriptive structure dismantling business. The defendant is a company that conducts civil engineering, construction, industrial environmental facilities, electricity, heating, sanitation, machinery and road packaging and other construction business.

B On May 21, 2012, the Plaintiff entered into a contract with the Defendant for the production and installation of PSC BOX (FSM) among the vehicle base construction works (hereinafter “instant first subcontract”) with the construction period from May 21, 2012 to October 27, 2014, setting the “PSC BOX (FSM) production and installation works” among the vehicle base construction works that the Defendant contracted from the Korea Rail Network Authority (hereinafter “instant first subcontract”), and agreed to reduce the construction period of the “C upper public construction works” from January 2014.

On November 2013, the Plaintiff delayed the process of the instant first construction project due to the occurrence of circumstances where it is difficult to carry out the instant first construction project due to the aggravation of financial standing from around November 2013, including the provisional seizure of the claim for construction price against the Defendant. Accordingly, the Defendant terminated the first subcontract on March 5, 2014.

The construction cost according to the construction cost ratio of No. 1 (Article 93.8%) of this case is KRW 5.59 billion.

As to the instant First Corporation, the Defendant paid to the Plaintiff KRW 765,60,00 in advance, and KRW 3,763,787,134 in advance, and paid KRW 300 million in the construction price to the Plaintiff pursuant to the sales bond transfer contract concluded between the Plaintiff and NH Capital Co., Ltd., and paid KRW 170,014,095 in lieu of the Plaintiff’s labor cost to be paid.

On the other hand, the defendant paid 275,052,224 won of the defect repair cost and repaired the defects that occurred in the first construction works of this case.

The Plaintiff of E and upper structure construction among D Railroad Construction Section construction works is between the Defendant and the Defendant on November 5, 2012.

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