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(영문) 서울고등법원 2014.12.18 2014나2017617
공사대금
Text

1. Each appeal filed by the plaintiff and the defendant is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this case is that "136,296,529 won" of the 5th, 7th, 529 of the reasoning of the judgment of the court of first instance is "136,296,429 won" and the 8th, 4th, and 9th of the 8th to 5th of the 9th is the same as the reasoning of the judgment of the court of first instance, in addition to the use of the 5th, 7th of the 5th, 5th of the 5th, 7th of

[A] The Defendant asserts that since the Defendant was liable to pay the employment insurance premium of KRW 1,118,880 and the industrial accident insurance premium of KRW 3,132,840 pursuant to Article 18 of the instant contract, the Defendant claimed that the total amount of the employment insurance premium and the industrial accident insurance premium of KRW 4,251,720 should be deducted from the additional construction cost. Accordingly, the Plaintiff sought to subscribe to the employment insurance and industrial accident insurance, but the instant construction was substantially subcontracted to the Plaintiff (the Defendant entered into a facility contract including the instant construction contract with the franchise store owner).

(B) The defendant asserts that the amount of the employment insurance premium and industrial accident insurance premium shall not be deducted from the amount of the insurance premium and industrial accident insurance premium in a written estimate with the knowledge that he/she is unable to subscribe to the contract under his/her own name. The defendant merely pays the employment insurance premium and industrial accident insurance premium that he/she originally should pay,251,720 won. (B) Therefore, the following circumstances, which are acknowledged as being comprehensively taken into account the overall purport of the arguments as a result of the appraisal by the appraiser C and the overall purport of the arguments, namely, ① the estimate submitted by the plaintiff to the defendant before entering into the contract of this case, are not stated in the items of the employment insurance premium and industrial accident insurance premium, ② the plaintiff shall install safety facilities and subscribe to industrial accident insurance in order to prevent industrial accidents, and shall be responsible therefor.

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