(영문) 대전고등법원(청주) 2016.11.29 2015나1032

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(영문) 대전고등법원(청주) 2016.11.29 2015나1032

공사대금(노무비)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 2, 2013, the Defendant entered into a subcontract with D (hereinafter “D”) with respect to the part of “heat spacult facility works” among the “C Soft Engineering Co., Ltd.” that the Defendant was awarded a contract with D Co., Ltd. (hereinafter “C Soft Engineering”), as follows (hereinafter “instant construction works,” and the said subcontract was referred to as “instant subcontract”).

(‘A’ means the Defendant, “B,” and “B” means D). On the other hand, among the instant construction works, an additional construction contract was concluded between the Defendant and D with the content that the construction cost shall be KRW 852,828,93 (including value-added tax).

Construction Contract Form

1. Construction details: ① Construction work details; ② Construction work details, including (2) Construction expenses, miscellaneous materials expenses, transportation, bringing in, installation, cleaning expenses, waste disposal expenses, and ③ Loading including unloading, underwater storage, storage, management affairs, equipment maintenance, and marketing expenses; and (4) All expenses for comprehensive trial operation, including expenses for comprehensive trial operation and quality management.

3. Construction period: The contract amount on May 2, 2013, completion on July 10, 2013: 10,000 won (including value-added tax): 99.5 million won for the payment of the price: 90,000 won for the payment of the price: 90,000 won for the payment of the price according to the progress rate and the progress rate, 10% after the completion of the main construction, 22B (3 months), and 10,000 won for the payment of the price by A: Provided, That the payment shall be made in cash directly to the relevant employee according to the ratio of the progress payment for the month.

11. Paragraph (3) of this Article: A:

4. If any ground corresponding to the "written consent to direct payment of the price" arises, the amount of progress payment to be paid to B shall be deducted from the amount of progress payment to the contractor, etc.

4. The letter of consent to the direct payment of the price is as follows when entering into the instant contract with A:

유사 판례

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