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(영문) 광주고등법원 2015.11.06 2014나3954
공사대금 등
Text

1. The money that orders the payment under the following among the parts concerning the plaintiff corporation and the passenger industry in the judgment of the first instance.

Reasons

1. On November 2, 2010, with respect to the construction of a new building on the ground (hereinafter referred to as “instant construction”), the contractor was drafted in the first instance trial co-defendant C (hereinafter referred to as “C”), the contractor’s additional construction (hereinafter referred to as “additional integrated construction”), and the construction period from November 9, 201 to May 9, 201; the construction amount was KRW 2,030,000,000 (excluding value-added tax).

As to the instant construction project, a subcontract agreement was prepared on November 10, 2010, in which the contractor, the defendant, the contractor, and the construction cost are KRW 1,850,000 (excluding value-added tax).

On November 23, 2010, a contract for supply of steel in the instant case was made on November 23, 2010 with the supplier, a person who is supplied with a comprehensive construction of additional steel, a product price of KRW 202,80,000 (excluding value-added tax).

Plaintiff

Suwon Steel supplied 145,155,043 won (excluding value-added tax) to a general construction for additional construction from November 24, 2010 to April 1, 2011, and received 35,585,380 won from a general construction for additional construction from December 22, 2010 to June 10, 201.

Of the instant construction works, a subcontract for construction works executed on February 15, 2011, in which the contractor and the construction period are from February 25, 2011 to April 25, 201, the construction cost of which is KRW 86,00,000 (excluding value-added tax) as a contractor for the additional construction of the metal creative works.

Plaintiff

On or around April 201, the passenger-day industry completed the above metal hold construction work (On the other hand, the Plaintiff’s passenger-day industry was an additional construction work equivalent to KRW 11,00,000 (excluding value-added tax) while conducting the said metal hold construction work, and the total construction cost was KRW 97,00,000 (excluding value-added tax). From June 2, 2011 to July 1, 2011, the passenger-day industry was paid KRW 40,000 from the additional total construction.

A person who awards a contract, the plaintiff A, and the construction period shall be the contractor and the construction period for the additional comprehensive construction works among the construction works in this case.

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