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(영문) 대구고등법원 2017.11.02 2016나22296
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked.

Reasons

(a) it may be admitted in full view of the statements in the evidence Nos. 3, 8, Eul evidence No. 1, 21, and the testimony of the witness D at the trial. A.

On June 30, 2014, the Plaintiff prepared a standard subcontract agreement (Evidence A2) with the Defendant to receive a subcontract for the structural part of the structural part of the pelvis-si and multi-household housing (hereinafter “instant construction”) from the Defendant, Kimcheon-si and four parcels of land (hereinafter “instant construction”) (hereinafter “instant subcontract agreement”) and the main contents thereof are as follows.

1. The project owner: The name of defendant prime contractor: Newly built multi-household housing;

3. The place of construction: Kimcheon-si, C, and four parcels;

4. Period for construction: October 25, 2014, which commenced on June 30, 2014.

5. Contract amount: The value of supply in the amount of KRW 54,400,000 per annum (in the amount of KRW 554,400,000: KRW 54,000 per annum (in the case of labor expenses: the value-added tax on the daily gold n.e.): June 30, 2014 n. n. n. (in the case of n. n. n.): The name of the representative of the principal contractor* the name of the principal contractor: the plaintiff (in the case of n. n.

1. The Plaintiff is responsible for all costs incurred in reconstruction construction in accordance with the drawing.

4.The execution of progress payments shall be paid by 60 per cent within 10 days after the 5th floor is closed.

5. Any balance shall be paid within 30 days after the completion of framework.

*The contract is made by calculating the construction cost with 198 square meters x 990 square meters x 560,000 square meters x 560,000 square meters.

B. Around June 30, 2014, the Plaintiff commenced a framework construction pursuant to the instant subcontract agreement.

D around December 18, 2014, around December 18, 2014, the Plaintiff sent to the Plaintiff a certificate of content under the Defendant’s name that the instant subcontract was terminated on the grounds of delay in construction

(No. 21). Around that time, the Plaintiff did not complete the structural construction at the construction site without finishing a part of the structural construction, and the construction cost necessary for the finishing construction is the aggregate of KRW 28,00,000,000, including the structural construction cost of the 4-5 rooftop floor.

C. The instant construction project thereafter.

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