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(영문) 대구지방법원 2016.11.11 2015가합206359
부당이득금
Text

1. The Defendant: (a) KRW 6,854,722 to the Plaintiff; and (b) 6% per annum from October 14, 2015 to November 11, 2016, and the following.

Reasons

1. Basic facts

A. The case industry Co., Ltd. (hereinafter “KM”) contracted B (hereinafter “instant construction”) from Goyang-si. The details of subcontracting, etc. related to the instant construction are as follows.

(1) On May 7, 2015, the Plaintiff determined a reinforced concrete construction among the instant construction works as construction cost of KRW 1,040,402,090 (including value-added tax) and supplied sewage from the KM industry.

(hereinafter referred to as “instant subcontracted project”). An agreement on construction works

1. Project owner: The name of the Corporation in the case of Goyang-si Office Building: The Corporation; and

2. The name of the subcontracted project: B project type assembly and dismantling, steel bars assembly and all of the removal works;

4. A construction period: The contract amount on September 30, 2015, as of May 1, 2015, on the date of commencement on or after September 30, 2015: The payment materials for Gap (referring to the plaintiff; hereinafter the same shall apply) (a) (special engineer 695,00,000) (hereinafter referred to as "the Plaintiff") shall be borne by Eul (referring to the defendant; hereinafter the same shall apply) for the purpose of construction works and construction works, and for the non-heat and all other accessory materials.

(2) It shall be deducted from the contract amount required for the construction project, and all matters and construction costs (such as labor costs, expenses, etc.) shall be paid under the responsibility of B.

(8) Additional costs of arbitrarily implemented parts, such as specifications and drawings, shall be borne by Section B.

(10) The contract may be terminated if the progress has been delayed not less than three times without good cause, and the absence without permission for not less than three days, or if the measure is insufficient.

(11) A B shall bear additional costs incurred due to the negligence in the management of the B and any cause attributable to it.

(24) The cost of the material and installation of the safety facilities required for the progress of the structural construction shall be borne by Section B.

(28) Required number of vehicles and traffic controls required at the time of the establishment of concrete units, the number of persons treated with concrete residuess, the number of road cleaning personnel, and the number of operators of the wheels shall be counted.

(36) At will A shall enter into an agreement after the agreement and before the completion of the project at issue for the interruption of the project due to B’s bankruptcy.

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