logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.05.04 2015나1124
공사대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; there is evidence Nos. 1 and 2; evidence Nos. 1 and 2; testimony and the whole purport of pleading by the witness F of the first instance trial.

On December 201, the Plaintiff entered into a human resource support agreement (hereinafter “instant agreement”) with the Defendant on the construction cost determined by the ratio of 93% of the construction cost of the original contract to the construction cost for the Electric Construction Works among the New Construction Works in Seongbuk-gu D located in Seongbuk-gu, Seongbuk-gu, Sungwon-si (hereinafter “instant Construction Works”). The main contents of the instant agreement are as follows.

【Main Details of the Human Resources Support Agreement: The period of construction of new E-type construction: From December 20, 201 to October 19, 2013, the defendant and C agree to conclude the Human Resources Support Agreement with respect to electrical construction among E-type construction works as follows:

1.The above contract amount shall be ninety-three percent (93%) of the above contract amount.

(Amount of contract for value-added tax, material cost, personnel cost, and safety management cost): 2,028,780,244 won: 1,835,400,000 won;

2. The method of paying the price shall be in accordance with the payment conditions of the ordering person, and the defendant shall be paid to C after receiving the price from the ordering person.

Provided, That personnel expenses for workers shall be deposited by the personal account of the workers.

10. The payment of pre-paid gold (materials, labor costs, and various expenses) claimed by C appears to be a clerical error in “B (referring to the Defendant)” as stated in Defendant A’s evidence No. 1. The amount claimed by C is immediately paid in cash within seven (7) days from the receipt of the amount claimed by A to the ordering office.

15.The expenses of matters not reported to and approved by the defendant among all the expenses (including entertainment expenses) related to construction work at the site shall be borne by C.

except where the defendant has approved or requested it.

B. The plaintiff.

arrow