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(영문) 서울고등법원 2016.10.20 2015나2067565
공사대금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

. Of the prime contractor’s construction works, the term “persistent soil treatment works” refers to the construction works undertaken to take out residual soil generated during earth and sand and to transport and dispose of it into a sand site.

The term "stoptop" refers to a place where soil, rocks, etc. excavated from a construction site are transported and discarded.

(hereinafter “instant subcontracted project”) concluded a subcontract with the content that such subcontract shall be awarded as KRW 1,970,759,610 of the contract amount from April 1, 2012 to August 30, 2013 (hereinafter “instant subcontract”).

[Agreement on Participation in Construction] Article 2 (Agreement on Participation in Construction) The plaintiff shall complete the remaining soil treatment works within the construction period of the new construction site of the D market facility modernization project in the first stage of the construction site of the D market facility modernization project and participate in the construction.

Article 3(1) Scope and Contents of the Project) 1 - Ptotopy weather vehicles - Ptostoma (Ptostoma), residual soil treatment (Ptostoma), 2) Ctostomama (Ptostoma) - Ptostoma (Ptostoma), Tostoma (Ptostoma), residual soil treatment (Ptostoma), and residual soil treatment (Ptostoma), = The agreed period for an agreement under Article 4 (Agreement Period) of the Seongbuk-Seoul Airport (Stones 7.6 km) from April 1, 2012 to August 30, 2013 or the date of completion of alteration.

Article 5 (Contract Amount) (1) Amount agreed upon (2) Amount of 1,970,759,610 won, 2. (3) Amount agreed upon shall include all the expenses to be borne by the employer due to employment of workers, such as wages, food, commuting, retirement benefits (mutual aid), overtime allowances, national health insurance, national annual pay, employment insurance, etc. of workers.

Article 6 (Payment of Price) (1) When there is any increase or decrease in quantity from the original office after completion of construction, the settlement shall be made without changing the unit price according to the volume.

② The above agreed amount is the amount determined by mutual consultation according to the Defendant’s execution drawings and construction specifications and the result of sufficient review of specifications, and the unit price determined by the time the participation in construction is completed, and there is no increase in unit price

(3) The defendant shall verify the amount of progress payment each month in actual construction and observe the payment conditions of the project owner.

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