(영문) 광주지방법원 2015.10.08 2014가단505999

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(영문) 광주지방법원 2015.10.08 2014가단505999

공사대금

Text

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

2.(a)

The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 4,092.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

B The Defendant related to the Do Urban Development Co., Ltd. entered into a construction work agreement with Hyundai Industrial Development Co., Ltd. to carry out the Do Urban Development Project with the content that the Do Urban Development Co., Ltd. will carry out the Do Urban Development Project on June 11, 2013, using materials supplied by the Defendant from the Plaintiff, to June 30, 2013, 134 million won (the unit price of KRW 134,640,00 applying the unit price of KRW 7,500 to the unit price of KRW 17,952 to the sale-type 34,640,000 to the unit price of KRW 134,640,00 to the sale-type 17,952 to the unit price of KRW 528 households, and under the pretext of a fraction, 640,000 to the fraction).

The terms and conditions of the construction agreement and the incidental terms and conditions of the construction agreement attached to the above agreement shall be as follows:

Article 9 (Payment of Price under Terms of Contract for Construction Work.

1. Payment shall be made in consultation with Gap (Defendant) and Eul (Plaintiff) in accordance with the principle of the flag and payment of the ordering office;

Provided, That the payment of wages and food for workers employed shall be governed by the following special agreements:

Matters of special agreement (payment of wages and food for workers employed);

2. If Eul submits an invoice of daily labor expenses and a statement of food calculation, Gap shall pay it directly to the party (worker and meal provider) within the extent of the contract amount.

3. The wages and food expenses directly paid by A shall be deducted from the contract amount.

(The same shall apply to the payment of part of the contract amount)

4. In principle, Gap shall pay Gap directly to workers on the last day of the following month after consulting with Eul.

Article 11 (Defects)

1. Within one year after the completion of the construction works, Section B shall be responsible for and treated, and the necessary materials shall be provided by Section A.

2. (Omission of Conditions Incidental to Construction Work Execution Agreement;

2. All parts of the work in the household shall be the parts of the work, and any additional amount shall be settled in principle.

5. The cleaning expenses shall be included, and shall be generated after completion of the work, from the surrounding reorganization money and work.

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