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(영문) 인천지방법원 2016.12.06 2016가합50487
공사대금
Text

1. The Defendant’s KRW 122,850,029 against the Plaintiff and KRW 6% per annum from January 22, 2016 to December 6, 2016.

Reasons

1. Basic facts

A. On November 28, 2013, the Plaintiff was awarded a contract for the construction of tourist hotel (hereinafter “instant construction”) that was newly built from the Defendant on the Nam-gu Incheon Metropolitan City B or C’s ground (hereinafter “instant construction”) with the contract amount of KRW 4.4 billion (including value-added tax), and the main contents are as follows:

Article 13 (Safety Management and Accident Compensation) (1) of the General Conditions for Standard Contract for Construction Works shall take appropriate measures to prevent industrial accidents, such as the installation of safety facilities and subscription to insurance, etc., and the defendant shall appropriate the amount equivalent to the safety management expenses and the industrial accident compensation insurance fees to the contract price.

Article 14 (Protection of Construction Workers) (1) Where a contracted construction work is subject to an obligation under the Framework Act on the Construction Industry, Wage Claim Guarantee Act, and Employment Insurance Act, the plaintiff shall subscribe to retirement pension, wage claim guarantee system, and employment insurance.

(2) The defendant shall appropriate the installments for retirement benefits, the employer contributions and employment insurance premiums under the wage claim guarantee system in the contract amount.

Special Conditions for Construction Contracts

1. The instant contract shall complete the construction work in accordance with the given drawings and specifications and not require any additional construction cost.

11. The increased or decreased portion of the area due to the modification of a design of the 1st floor and main entrance and exit shall be settled on the basis of the actual input cost;

22.The costs of materials for sculptures, calligraphic works and waterproof works shall be executed first by the contractor and settled on the basis of the cost of actual input.

B. The instant construction project, unlike the construction permit, was modified, and the restaurants and resting rooms were added to the first floor.

C. The Plaintiff paid the employment insurance premium and the industrial accident insurance premium generated at the construction site of this case to the Korea Labor Welfare Corporation.

The Plaintiff subcontracted part of the instant construction work, and among them, the remainder of the construction cost shall be paid to the subcontractor who performed construction works of fire doors, construction works of landscaping equipment, ceiling construction works, and stone construction works.

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