logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.11.19 2020나51498
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit is revoked, and that part constitutes the revoked part.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 31, 2016, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) to conclude a contract with C Co., Ltd. to accept a subcontract for construction work (hereinafter “instant subcontract agreement”) by setting the amount of “the part of “the low temperature cooling construction work,” among machinery and piping installation work (hereinafter “instant subcontract work”), as the contract amounting to KRW 4,004,000,000, and the construction period from October 31, 2016 to September 30, 2017 (hereinafter “instant subcontract”).

B. Since the Plaintiff and the Defendant’s re-subcontract 1, December 9, 2016 between the Plaintiff and the Defendant, the Defendant is deemed to be the re-subcontract 1,980,887,202 of the instant subcontracted work that the Defendant, among the instant subcontracted work, agreed to perform part of the construction cost of KRW 1,980,887,202 (excluding value-added tax) (hereinafter “instant re-subcontract”).

(B) sub-subcontract 1,447,00,000 (excluding value-added tax) of the construction amount, and re-subcontract 1 to re-subcontract 1,47,00,000 (hereinafter referred to as “instant sub-subcontract”) during the construction period from December 6, 2016 to June 30, 2017.

2) Of the re-subcontracts in this case, the agreement ratio entered into between the Plaintiff and the Defendant pursuant to Article 3(2) of the General Terms and Conditions is as follows: 73% (=1,47,00,000 ±1,980,887,202 ± 100) x 100). The name of the contract for construction management: The contract amount for construction management: INES PPE PORJECT machinery and pipes installation: the amount of KRW KRW 1,47,000,000 per day (Won 1,47,000,000): The actual installation quantity is settled according to the actual installation price and the additional installation price is settled according to the actual installation price.

When the change occurs, work shall be conducted after the receipt of the work instruction of the construction ordering company and the FCR FCR (FCR Report): The request for approval of the change, such as the design required at the site, is in the FCR processing process of the FCR.

arrow