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(영문) 서울고등법원 2019.12.19 2019나2006100
공사대금
Text

1. The Plaintiff’s appeal against the Defendants and the ancillary claim against Defendant B added by this court.

Reasons

1. Basic facts

(a) A contractor for a standard contract for private construction works entered into between F and the defendant B: The defendant B and the subcontractor: F (trade name G);

1. Construction name: The steel frame and the printing team construction works from among the construction works of Defendant D Leecheon Factory;

2. The construction site: Within the Eth of Gyeonggi-do Leecheon-si;

3. Date of commencement: Date scheduled for completion on October 4, 2014: Contract price on December 5, 2014: 625,900,000 won (including value-added tax) (including labor expenses: daily wage of 145,831,450 won, value-added tax of 56,90,000 won).

6. Contract bond: 62,590,000 won worth 1) F and Defendant B “Defendant D Co., Ltd. (hereinafter “Defendant D”) among the construction works for the new construction of Echeon Factory” (hereinafter “instant construction work”).

As to the contract amount of the private construction project (including value-added tax) dated October 10, 2014, the standard contract amount of which is KRW 625,900,000 (hereinafter “instant contract”).

The contract of this case was drawn up. (2) With respect to the instant construction project between F and Defendant B, a written estimate dated November 5, 2014, stating the contract amount of KRW 625,900,000 (hereinafter referred to as the “written estimate”) was drawn up between F and Defendant B.

The sum sheet attached to the instant estimate states material cost, labor cost, expenses, etc. of the detailed construction works included in the instant project. The detailed construction works include “consultations” in the column of remarks with respect to most kinds of construction works, such as windows and glass works, date works, and stone works.

B. F and the Defendants: “F entered into a contract for the instant construction work with Defendant D representative director I on October 10, 2014 with the Plaintiff; the construction contract was entered into in F and Defendant B’s name; and Defendant limited liability company C (hereinafter “C”).

The Plaintiff agreed to pay the construction cost under the direction and supervision of the instant construction work, and the F and the Plaintiff entered into an agreement on December 10, 2014.

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