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(영문) 광주고등법원 2015.05.15 2014나672
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On June 3, 201, the Defendant was awarded a contract for the construction of a multi-purpose sports hall (hereinafter “instant construction”) with the total contract amount of KRW 3,779,346,200 (including value-added tax, KRW 2,176,601,00) and the total construction period from June 8, 201 to December 5, 2012 (from June 8, 2011 to June 6, 2012).

On July 1, 2011, the Plaintiff entered into a contract for a construction project with the Defendant, setting the construction cost of KRW 2,900,000,00 (excluding value-added tax) and the total construction period from June 8, 201 to December 5, 2012 (from June 8, 2011 to June 6, 2012, from June 7, 2012, from June 7, 2012 to December 5, 2012, the Plaintiff entered into a contract for a construction project that receives a subcontract en bloc (hereinafter referred to as “instant contract”) with the same content as attached Table 1.

Pursuant to Article 7 of the contract of this case, the Plaintiff entered into a subcontract with the Plaintiff-related company, Epus Construction Co., Ltd. (hereinafter “Epus”) on part of the instant construction as the Defendant, respectively, with respect to the part of the instant construction.

(A) The Plaintiff appears to have entered into a sub-subcontract between the Plaintiff and Epugs. From August 21, 2011, the construction period of the construction cost of the instant construction work type: (a) from August 22, 2011 to February 21, 2012, the Plaintiff claimed that the Plaintiff pay the construction cost of KRW 109,637,441 (value-added tax) as progress payment if the Plaintiff had paid the construction cost of KRW 495,701 to October 21, 2011; and (b) from August 30, 2011 to July 30, 2012, the Plaintiff claimed that the Plaintiff pay the construction cost of KRW 109,637,41 (value-added tax) as progress payment if the Plaintiff had paid the construction cost separately.

The Defendant’s total amount of KRW 974,823,00 [the amount of actual receipt is KRW 74,823,00,000,000 (the amount of KRW 126,320,000,000,000,000 from June 20, 2011) calculated by deducting the amount of advance payment from the amount of advance payment.

) Nevertheless, the Plaintiff’s documents and drawings are paid.

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