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(영문) 서울북부지방법원 2016.04.15 2014나7283
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

1. Facts of premise;

A. On December 22, 2010, the Defendant, a corporation that runs the design and construction business of the treatment facilities of sewage, etc., was contracted and supplied as the construction cost of the treatment facilities of sewage in B and C from A, as the construction cost of each treatment facilities of sewage in B and C, and the construction period from December 28, 2010 to December 16, 201.

B. Around April 11, 2011, the Plaintiff, a corporation whose business purpose is the same as the Defendant, supplied sewage with the following content of sewage pipes and civil engineering works, excluding machinery and electricity parts among the above construction works, excluding machinery and electricity parts among the above construction works:

(hereinafter referred to as the “instant subcontracted project”). There is no dispute between the parties as to the amount calculated by deducting KRW 3,00,000 from KRW 88% (subcontracted rate) of the cost of civil engineering and joint works among the cost of construction of KRW 257,00,000 (value-added tax and insurance premium separate) from KRW 257,00.

B Construction Work: 148,60,000 won (110,100,00 won) C: The construction work period of 148,400,000 won (149,900,000 won = 1,500-1,500,000): the construction work period of 148,40,000 won (149,900,000 won = 1,500-1,500): April 11, 2011 to July 30, 2011: the construction work: The specific construction work period of 0.1/11% of the construction cost: (1) The construction work period: (2) the sewage hole (existing packing, packing, asphalt packing,); (4) the shipment of finished products; (7) the transportation of finished products; (3) the transportation of sewage; (10) the specific construction work of sewage, the specific construction work of soil and sand; (10) the treatment of sewage; (i) the construction work.

C. On July 13, 201, the Plaintiff performed the said construction and completed the construction at the construction site on the ground of completion on July 13, 201, and, at the construction site, D through D, a de facto sub-contractor, required E to perform disposal, including collecting materials at the construction site until September 2011.

On November 25, 2011, the Defendant applied for the completion of construction to the original contractor on November 24, 2011.

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