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(영문) 대구고등법원 2015.04.30 2014나2908
공사대금
Text

1. Construction of the principal lawsuit in the judgment of the court of first instance in excess of the following amount:

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1 through 5, 14, 15 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, 8, 9, 34, 35, 41 and 51, and the whole purport of the arguments and arguments.

The Defendants and co-defendants in the first instance trial jointly agreed on June 24, 2010 for the construction of the facilities project (hereinafter referred to as the “facilities project of this case”) 12,970,353,100 won (hereinafter referred to as the “facilities project of this case”) of the Marine Disease No. 10-S-01, which was ordered by the Daegu Regional Procurement Service (hereinafter referred to as the “Seoul Regional Procurement Service”) on June 24, 2010, the construction cost of which was changed to KRW 13,288,171,170, which was changed to KRW 12,977,818,000, and was changed to KRW 12,977,818,000), the construction period from June 28, 2010 to November 30, 2011, the Defendant seafarer Construction Corporation (hereinafter referred to as the “Defendant seafarer Construction Company”) was to bear the expenses incurred in proportion to the construction project ratio.

B. Around July 2010, the Defendants and macroindustrial Construction (hereinafter “Defendants, etc.”) concluded a joint contract operation agreement (hereinafter “instant joint contract operation agreement”) with the Defendants to pay the profits distribution method [the contract amount - (the additional industrial accident insurance premium premium premium) 】 (40%, Defendant seafarer construction 35%) 】 management fee (14%, Defendant seafarer construction 9%) 】 (the joint contract operation agreement of this case”)] to be paid to the Defendants.

C. On October 25, 2010, the Plaintiff, etc. between the Defendants, etc., is reinforced concrete among the instant facility works.

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