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(영문) 대구고등법원 2020.12.10 2020나23289
채무부존재확인
Text

The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed in this court, is as follows.

Reasons

1. The reasoning for the court’s explanation in this part is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Since the plaintiff filed a counterclaim against the defendant seeking confirmation of the existence of the obligation regarding the subcontract price of this case (including the additional construction cost), the defendant's counterclaim shall be examined in order to determine the amount of the additional construction cost.

Determination on the Grounds for Appeal

A. According to Article 18 of the special condition of the subcontract of this case, "industrial accident insurance premiums, employment insurance premiums and long-term care insurance premiums for the elderly, etc. shall be paid by the defendant, and the industrial accident and insurance premium and insurance premium shall be submitted to the plaintiff after the completion of the contract." The fact that the defendant's national health insurance premiums, national pension premiums, long-term care insurance premiums for the aged, etc., shall join the relevant agency, and if necessary, it can be acknowledged that the indirect expenses (social insurance premiums) paid by the defendant constitute 2,514,320, and there is no counter-proof. Thus, the plaintiff is obligated to pay indirect expenses (social insurance premiums) paid by the defendant to the defendant.

In this regard, the plaintiff asserts that there is no obligation to pay the indirect costs as required by Article 18 of the Special Conditions for the Subcontract of this case, so long as it does not go through the settlement procedure between the parties.

However, the plaintiff is also the person who is obligated to pay indirect costs to the defendant, and as long as the plaintiff's indirect cost settlement through the above appraisal supplement is calculated as above, the plaintiff shall pay it to the defendant.

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