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(영문) 서울고등법원 2021.02.03 2019나2056976
공사대금
Text

The judgment of the first instance, including the claims expanded and reduced in this Court, shall be amended as follows:

A. The defendant.

Reasons

(b) enter into a contract for construction works with the content of the contract;

2) P entered into a construction subcontract with the Defendant with the content that the instant E resting area was subcontracted to the Defendant.

3) On January 12, 2015, the Defendant entered into an agreement with the Plaintiff on the participation in construction (hereinafter “the instant construction contract for rest area”) under which the Plaintiff re-subcontracts the “public works, machinery and equipment (work cost, material cost, expenses), and all construction works except for the trial run,” among the instant rest area construction works.

The main contents of the above contract are as follows:

* The construction amount: 918,500,000 won (including value added tax): The actual construction period from November 12, 2014 to May 31, 2015 (including trial run): The advance payment: within 30 days from the date of receipt of the payment as the original office building to April 31, 2015: Within 30 days from the date of receipt of the payment as the original office building; the balance of the base rate of five million won: within 60 days from the date of submission of the defective warranty insurance policy; 15 percent of the down payment; 15 percent of the down payment; 4 percent of the payment; consultation on the rate of existing agreement in accordance with the changes in circumstances; and the Mayor of the Si/Do under the construction of the instant case was notified to the public prosecutor of the completion of the construction of the rest area on May 1, 2015.

E. 1) On December 15, 2014, the I Corporation concluded a contract with J (hereinafter “J”) for construction works for construction works for the extension of sewage treatment facilities (hereinafter “F sewage treatment facilities construction works in this case”) with the J (hereinafter “J”).

2) Of the instant F sewage treatment projects, the J directly handled some of the instant F sewage treatment projects, and subcontracted some of the projects to various companies, including Defendant, as follows:

[Doide Table] D's subcontract terms are the level of subcontracting construction work.

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