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(영문) 서울고등법원 2015.02.12 2014나4622
공사대금
Text

1. The defendant's appeal is dismissed.

2. The plaintiff's claim for damages for delay extended in the trial is dismissed.

3...

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged by taking into account Gap evidence Nos. 2, 3, 4, 6, Eul evidence Nos. 1, 5, Eul evidence No. 8-1 and 2, and the overall purport of testimony and arguments of the witness B of the first instance trial.

On March 30, 2009, the Defendant and two companies were contracted with the Korea Development Project Corporation for Infrastructure Corporation (hereinafter “instant Infrastructure Corporation”) in the District Area A from Jeju City on March 30, 2009.

However, upon the occurrence of a civil petition due to construction noise, the Jeju city and the supervision team ordered the defendant to execute as soon as possible the provisional soundproof walls around C Elementary School on October 2009.

The unit price of the quantity per unit of the name name (excluding value-added tax) of 1 temporary soundproof wall (H=8.0M 1.0M (300 x 300 x 300 x 10 x 15) M 366 613,180 224,423,880 2 temporary fences (EGI fences) H-3.0 x 138,000 75,90,90,000 in total 300,323,880

B. On October 15, 2009, B, who was the Defendant’s site leader, demanded construction of provisional soundproof walls and pents (hereinafter “instant installation works”) without preparing a subcontract document with the Plaintiff having the lowest estimated amount, and sent an order stating the following (hereinafter “instant order”).

The unit price (excluding value-added tax) for the cost of materials (excluding value-added tax), labor cost (excluding value-added tax), and labor cost (excluding value-added tax), H6.0M 1.0M 1.0M H-300 x 300 x 10 x 36 M 66 M 66 M 66 M 625,000 225,456,000 477,000 174,582,000 139,000,874,000

C. On December 22, 2010 during the process of performing the instant installation work, the Plaintiff prepared a subcontract agreement with the Defendant to accept the instant installation work (hereinafter “instant contract”) with the period from December 22, 2010 to December 31, 201, as follows.

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