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(영문) 대구지방법원 2018.09.19 2018나2187
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a person operating the “C” operating a building machinery business, and was awarded a subcontract for the mechanical fire fighting construction work among D development projects by Daesung Electric Co., Ltd. around June 2016.

B. Around June 2016, the Plaintiff entered into the instant construction contract (hereinafter “instant construction contract”) with the Defendant, and with respect to “D (1), mechanical fire fighting (2)” during the said construction works (hereinafter “instant construction works”). The main contents are as follows.

2. Name of contract 2.1: Contract amount: D (1), machinery and fire fighting works 2.2.2: Contract amount: from June 14, 2016 to October 24, 2016: 1,2 labor cost (10. construction cost).

3. The Plaintiff shall faithfully perform the use and management of assets according to the Defendant’s provision on asset management as well as the process of performing his/her duties, and the Plaintiff shall not privateize the Defendant’s assets or divulge the assets to the outside without the approval of the approving authority. If the Defendant’s measures are not observed, the Plaintiff may not raise an objection against the Defendant’s measures.

3.6 The plaintiff shall make once a month the filing and receipt of the initial claim, shall not exceed 90% of the amount of the initial claim, and shall cooperate in the initial payment review of the plaintiff.

3.7 The Defendant shall pay the Plaintiff labor costs on the fifteenth day of the following month for the Plaintiff’s claim for labor costs, and shall be governed by the Regulations of the Ministry of Government Administration and Home Affairs for the Confirmation of Payment of Labor Costs.

6. The defendant shall comply with the plaintiff's request for correction of defects which are attributable to the defendant with respect to defects which occur after the construction and delivery are completed.

10. The number of unit prices per unit of non-fire hedging ( upper, lower) 110,000 future settlement 110,000 and mash fire hedging ( upper and lower) settlement 70,000 future settlement of the Hague and Mamming ( lower and lower) settlement 70,000 future settlement of the Hague and the indoor fire fighting hedging at 500,000 later settlement even and 3,000,000 after the indoor fire fighting unit of 50,000.

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