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(영문) 부산지방법원 2017.07.19 2016나44889
가불금 청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff awarded a contract to D for the molding construction of C-New Construction Site (hereinafter “instant construction”).

B. However, when D was omitted from the instant construction project, the Plaintiff contracted the instant construction project to the Defendant at a contract price of KRW 365,500,000 on September 30, 2014 (hereinafter “instant construction contract”), and its main contents are as follows.

Article 2 (Contents of Contract) The defendant shall complete all the construction works of this case in a fair manner and shall participate in the construction work.

It shall include all the works related to a framework, cleaning, braceing, and booming construction works within a subcontract, such as all the structural works related to a framework project.

Article 4 (Period of Construction) The construction period shall be from June 26, 2014 to December 30, 2014.

Article 5 (Contract Amount): ① Contract amount: 365,50,000 won (per unit; hereinafter referred to as "per unit"): (2) Implementation unit price and contract quantity [name: 18,357 square meters: 25,000 won for underground floor-1 floor (4,143 square meters); 18,429 won for ground floor (14,214 square meters); 365,523,10 won for total amount] (3) The above contract amount shall include all the expenses to be borne by an employee as an employer under employment, such as wages, food expenses, work hours, and allowances other than hours for retirement benefits (mutual aid).

Article 6 (Payment of Price) (1) When there is an increase or decrease in quantity from the original office after completion of construction, settlement shall be made without changing the unit price according to the volume.

② The above agreed amount is the amount finalized by mutual consultation according to the Plaintiff’s results of sufficient review of the Plaintiff’s execution drawings, construction specifications, and special specifications, and the unit price determined by the time the participation in construction is completed.

③ The Plaintiff shall pay the progress payment every month to the end of the following month as of the end of the month based on the Plaintiff’s bylaws, and there is a difference in the Plaintiff’s circumstances

(5) The defendant shall pay the full labor cost without reservation to the number of workers inputs each month, and if false or unpaid labor cost, all civil and criminal charges against the workers belonging to the defendant.

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