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(영문) 광주고등법원 2017.08.11 2016나775
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The defendant (Counterclaim Plaintiff)-Counterclaim Co., Ltd. raised at the trial.

Reasons

1. Basic facts

A. Defendant C subcontracted D&D works ordered by Gwangju Metropolitan City (hereinafter “instant prime contractor”) to Defendant B, and Defendant B concluded a construction contract (hereinafter “instant construction contract”) with the following contents as of May 22, 2014, when Defendant B re-subcontracted to the Plaintiff during the instant prime contractor contract works: ① molding, ② steel reinforced concrete works, ③ non-re-subcontracting, and ④ concrete strawing works; Defendant B re-subcontracted to Nonparty J separately; and Defendant B re-subcontracted to the Plaintiff (hereinafter “instant construction contract”).

The name of a prime contract for construction works: The name of a construction project under a construction agreement for reinforced concrete among D works: The amount agreed on construction works for reinforced concrete among D works: KRW 1,698,00,000 and the separate construction period of value-added tax: From March 4, 2014 to August 31, 2014 (the amount of a construction agreement)

1. The amount of an agreement shall be a separate amount of value-added tax and corresponding to a detailed statement of agreement attached thereto;

2. The amount of a construction agreement on reinforced concrete construction among DD construction works shall be as follows:

(a) Net construction cost: Doz. 1,698,00,000 (excluding value-added tax 2) Indirect labor cost: 3) including indirect labor cost: including safety management cost: 4) including general management cost: 6) including profits: Doz. 1,698,00,000 (excluding value-added tax);

4. All kinds of expenses for relief, civil petition treatment, site expenses, transportation expenses, etc., including additional construction expenses, such as expenses for restoration from damage to the facilities caused by construction works;

1. “B (Plaintiff)” shall claim progress payment as of the end of each month, and “B (Defendant B)” shall be paid at the real rate between 10 to 15th day of the following month.

[Contents of Work]

1. To complete the curriculum under Article 1 (2);

(See the Arrangements. 2. Installation and dismantling of ground water tanks and slopings necessary for the construction of a pelvis, other than the Arrangements.

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