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Reasons
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(영문) 서울고등법원 2018.11.09 2017나2038981
공사대금
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1. The judgment of the first instance is modified as follows according to the succession participation in the trial court. A.

The plaintiff's lawsuit is dismissed.

Reasons

1. Basic facts

A. On March 11, 2013, the Defendant received from the Newan Co., Ltd. (hereinafter “Newan”) a supply of KRW 1,250,00,000 (including additional taxes) for file delivery work among C Corporation (hereinafter “instant construction work”).

B. On March 25, 2013, the Defendant: (a) subcontracted the instant construction to the Plaintiff collectively (hereinafter “instant contract”); (b) in relation to the instant contract, the Plaintiff and the Defendant drafted the “port and port departure lease agreement” (hereinafter “instant contract”) stating that the Plaintiff and the Defendant would lease the Plaintiff’s port of navigation until the completion of the instant construction; and (c) details thereof are as follows.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B" in this title) enter into a contract on the lease of equipment owned by Gap with respect to the lease of equipment owned by Gap:

Not less than 4 non-high-use file terminals for equipment names, and Article 2 (Lease Period and Place of Use)

1. Lease period: Article 3 from March 25, 2013 to the completion of on-site work;

1. Contract amount: Lease of equipment (DDR 13,300 won/m, T4 C=17,100 won/m);

2. The equipment leased by A to B shall be operated on the spot at the request of B, and the matters concerning the display of a normal function shall be for A.

Article 4 (Method of Not Making Payments)

3. The conformity shall be conducted in the form of a trading statement or a request for the settlement of disputes and shall be notified to B at the time of occurrence.

C. On March 25, 2013, the Plaintiff and the Defendant drafted a settlement agreement separate from the instant contract (hereinafter “instant agreement”), and the details are as follows.

Settlement Agreements

1. In performing the C file delivery work, the settlement between the Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B” in this title) shall be based on the contract sales.

2. The settlement with the above on-site A shall be 5% of the contract sales standard.

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