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(영문) 부산고등법원 2021.03.24 2020나52637
공사대금
Text

All of the appeals by the Plaintiff (Counterclaim Defendant) and the principal claim against Defendant B expanded by this court.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed simultaneously);

A. The Defendants, as seen subsequent to the Plaintiff, are small and medium enterprises that contracted the instant landscaping construction. In the foregoing landscaping construction, the Defendants constitute “principal contractor” under Article 2(2) of the former Fair Transactions in Subcontracting Act (amended by Act No. 11842, May 28, 2013; hereinafter “former Subcontract Act”).

The plaintiff is a small and medium enterprise that received the above landscaping construction from the defendant, and constitutes "contractor" under Article 2 (3) of the former Subcontract Act in the above landscaping construction work.

B. On November 26, 2012, D Corporation and E Corporation (hereinafter “project owner”) entered into a contract for construction with the project owner and the Defendants, the Defendants and the project owner entered into a contract for construction with the Defendants to jointly perform the construction works by setting the period from November 30, 2012 to May 29, 2014 (including value-added tax) as the construction cost6,969,43,000 won (including value-added tax) and the period from November 30, 2012 to May 29, 2014.

(c)

(1) The Defendants divided the above landscaping construction work into 12 sections landscaping construction work and landscaping facility construction work ordered by the ordering person on the ground of the convenience in the management of subcontracted construction, etc., and the 1 section landscaping construction work was decided by Defendant C and Defendant B to select and manage the subcontractor, respectively.

2) Defendant B selected G Co., Ltd. (hereinafter “G”) as the subcontractor of the construction site landscaping planting project (hereinafter “instant landscaping project”) by means of a competitive bidding following the on-site presentation, etc.

3) On March 6, 2013, Defendant B entered into a subcontract with G and the instant landscaping construction cost of KRW 1,439,769,313 (including value-added taxes, insurance premiums, etc.) (hereinafter “the instant first subcontract”). Defendant C affixed a seal on the relevant subcontract agreement as the principal contractor (subcontract).

Then, the defendant.

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