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(영문) 광주지방법원 2018.09.21 2017가합53434
합의금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant have arisen.

Reasons

1. Basic facts

A. On February 2015, the Defendant and the Large Construction Co., Ltd. (hereinafter referred to as the “Large Construction”) constituted a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization in this case”) with the method of performing the same, and received a contract from the Republic of Korea for the construction of the National Endangered Species Restoration Center (hereinafter referred to as the “original construction”). On February 25, 2016, the Plaintiff subcontracted to the Plaintiff on February 25, 2016, the construction of reinforced concrete (hereinafter referred to as the “instant subcontract”) with the construction cost of KRW 4.12 billion in the cost of the construction, and from February 25, 2016 to October 3, 2016 in the period of construction, the method of payment was determined as indicated in the following table.

(hereinafter referred to as “the instant subcontract contract” (hereinafter referred to as “the instant subcontract contract”) . 5. 1. The advance payment: O billion won (Additional tax) 2) the progress payment is calculated by multiplying the quantity that arrives at the end of each month by the unit price of the subcontract contract, and then a claim is made to deduct the advance payment (the amount equivalent to the advance payment (the amount equivalent to the price for the original portion / the subcontract amount) and the amount of the subcontract is made by deducting the advance payment from the advance payment (the amount equivalent to the advance payment / the subcontract amount). 2) The advance payment is made directly by the ordering party (the referring to the instant joint contractor) and the

(4) If the total amount falls short of labor costs, the original contractor shall pay only the amount equivalent to the total amount of labor costs, and the subcontractor shall pay the difference to workers, notwithstanding the above-mentioned to (1).

B. The Plaintiff received a tax invoice from the supplier, etc. concerning the material cost, equipment cost, and other expenses invested in the subcontracted project, and filed a claim for the payment of the payment for the completed portion with the said tax invoice attached.

C. Following the agreement between the Plaintiff and the instant joint contractors, the construction period of the instant subcontract construction contract was extended by November 30, 2016, and the said construction period was extended.

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