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(영문) 서울중앙지방법원 2018.04.20 2015나47975
공사대금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of appeal and the costs of appeal.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the increase in the rent for materials and the cost of lost materials due to the extension of the construction period in relation to the construction contract under the following contract, and the claim was entirely dismissed. The Plaintiff clearly changed the grounds for the claim by claiming the additional construction cost and the unpaid construction cost, other than the original construction contract, through the purport of the claim and the application for the change of cause as of March 3, 2017 in the first instance trial. As such, the Plaintiff’s claim for the increase in the rent for the said materials and the

2. Basic facts

A. On November 29, 2012, the Plaintiff entered into a contract with the Defendant for the supply of non-defense materials (hereinafter “instant construction contract”). The main content is as follows.

Contract

1. Name of contract: Supply of non-facilities within the recreation development project;

3. Contract term: October 30, 2012 from the commencement, and February 28, 2013.

4. Terms and conditions of the contract (including value-added tax) of KRW 110 million. Article 4 (Responsibility for Management of Workers)

(b) If the delayed payment, etc. of Eul (referring to the plaintiff; hereinafter the same shall apply) is confirmed, Gap (referring to the defendant; hereinafter the same shall apply) may pay directly the wage to the worker and deduct it from the contract amount (as the defendant).

Article 14 (Contract for Construction Work) B shall enter into a contract along with the required documents required by A at the time of the settlement, and all the documents concerning the settlement and supply of accounts (such as a quantity calculation statement, a defect guarantee certificate, a written confirmation of completion of construction approved by A, and any other person (the photograph, etc.) shall be attached thereto.

Article 17 (Special Conditions) Other matters not specified in this Agreement shall be governed by the specifications of the original contractor A, and they shall have the obligation to peruse the specifications of the original contractor A.

Special engineer - including small performance halls 1,20, 1, and 1,200 - - including the installation cost of a pipeline - including the installation cost of a safety net - including personnel cost at high time of modification - additional payments after the first supply of safety supplies.

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