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(영문) 광주지방법원 2019.05.15 2018나55899
공사대금
Text

1. The judgment of the court of first instance is rendered upon the Plaintiff’s claim reduction and partial exchange request as follows.

Reasons

1. Basic facts

A. On January 18, 2017, the Defendant ordered D Co., Ltd. (hereinafter “instant aggregate production works”) to construct and remove aggregate from the development site of the workplace by complete-gun C Co., Ltd. (hereinafter “D”). The main contents of the contract are as follows.

The ordering person shall be referred to as "A" and the recipient shall be referred to as "B".

1. A is responsible for the authorization and permission administration of a project area, civil petition for a village, and B is responsible only for simple production and sale.

3.All process and work in a series of processes (e.g., lumbering, blasting, small transport, heavy equipment) arising in order to produce products at the site shall be responsible.

5. The production volume per month shall be at least 30,000,000 per month, and the production and sale thereof shall also be responsible and run.

The unit price for production and sale shall be conducted in consultation with Gap and Eul, and the sales proceeds shall be treated directly to Gap and the sales proceeds may be claimed only for the contracted production costs.

8. The installation of equipment necessary for production is responsible for B, and electric admission is responsible for A.

Oil and powders shall be guaranteed by Gap.

10.A will pay production costs to a person designated by B.

In addition, it is recognized as a producer (contractor).

B. On January 17, 2017, D Co., Ltd ordered the instant aggregate production work to E- Limited Company, but the contract was reversed. On February 23, 2017, D Co., Ltd. again ordered the instant aggregate production work to F Co., Ltd. under the name of Limited Company E.

(hereinafter referred to as “stock company” or “limited liability company” are omitted). The main contents of each joint agreement entered into between the said company are as follows:

(A) The employer shall be referred to as “A” and the recipient shall be referred to as “B”). A and B shall agree with respect to the instant construction work as follows:

Provided, That all parts except the following shall succeed to the original contract of the ordering person:

1. Safety accidents which occur in the course of executing the project shall be as follows; and

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