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(영문) 부산고등법원 2016.05.26 2016나561
하자보수금 등
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff

A. Defendant 200,708,652.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, with the rejection of the defense of extinctive prescription by the defendant company and the addition of the amount of damages against the defendant company, the corresponding part of the judgment of the court of first instance shall be used as follows, and the corresponding part shall be deleted from "on the one hand" to "in the other," and the "70% limit" in the table at the bottom of the judgment of the court of first instance shall be as stated in the judgment of the court of first instance except where "80% limit" is applied to "80% limit" in the table at the bottom of the judgment of the court of first instance. Thus, it shall be cited pursuant to the main sentence of Article 420

2. Article 2-a among the judgment of the court of first instance that has been completely used;

7) Claim on the basic amount of occupational health and safety management expenses (from the last 10th to 14th of the first instance judgment): 7) The plaintiff claims on the basic amount of occupational health and safety management expenses ( from the last 10th to the last 11th of the first instance judgment): 3,294,000 won (it refers to KRW 4,417,00 if the amount of general management expenses, profit and value added tax is added) to be appropriated for occupational health and safety management expenses.

Pursuant to Article 30(1) of the former Industrial Safety and Health Act (amended by Act No. 11882, Dec. 12, 2013); Article 4(1)2 of the former Guidelines for appropriating and Using Industrial Safety and Health Management Expenses for Construction and Health (Notice of Ministry of Employment and Labor No. 2012-126, Nov. 23, 2012) of the former Industrial Safety and Health Act (amended by Act No. 11882, Nov. 23, 2012), if the target amount (the total amount of direct, indirect, and direct labor expenses) among those who contracting another person for construction work is more than five billion and less than five billion won, the safety management expenses shall be determined by adding the basic amount to the target amount multiplied by the ratio prescribed in [Attachment 1].

However, the following 3 D.

As seen in the foregoing paragraph, the defect repair corporation of this case is obliged to pay the Plaintiff the basic amount of occupational health and safety management expenses according to the above notification, because the target amount is between KRW 500,000 and KRW 5 billion.

ARTICLE 3-2

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