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(영문) 대전고등법원 2014.10.15 2013나4898
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On January 19, 2012, the Defendant asserted that the contract price of the Defendant and A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”), and that the construction cost of the instant construction work was KRW 600 million (in accordance with the contract form, KRW 70 million, value added tax, and the Plaintiff’s construction cost was KRW 700,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00).

(hereinafter “instant contract”). (b)

A and the Plaintiff’s subcontract (1) On April 17, 2012, A concluded a subcontract with the Plaintiff for the construction cost of KRW 126,50,000 (including value-added tax) and the construction period from April 11, 2012 to June 30, 2012.

(hereinafter “instant subcontract”). (2) In addition, A requested the Plaintiff, among the instant construction works, to perform additional construction works in addition to the instant machinery and equipment works, and the Plaintiff added 27,88,300 won (including value-added tax) to the Plaintiff.

C. The completion of the instant construction was completed in the middle of August 2012.

[Based on recognition] Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 5, and 6, testimony by the witness F of the first instance court, the result of the defendant principal examination by the court of first instance, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant filed a claim for the construction cost of the instant subcontract with A around July 5, 2012, shall waive the instant construction work, and shall process the said construction directly by the Defendant from the said point of view, but shall manage the subcontract price under the supervision and management of the Defendant, etc., to the subcontractor A.

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