logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.08.13 2014나2090
공사대금
Text

1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:

The defendant is from F. F.

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1, 2, 4, 5, 7, 8, and Eul evidence Nos. 2 and 6 and the whole purport of the pleadings. A.

The Plaintiff was engaged in construction business under the name of “D” with lending the name of “D,” and “E” was operated on the first ground of “E” at the time of Tong Young-si.

B. On July 29, 2006, the Plaintiff entered into a contract with F to supply and demand the construction cost of KRW 540,000,000 (hereinafter “instant contract”) for the construction of a charnel house with a size of KRW 1,190,00,000 from F to the G on the G ground in the city of Tong-si in the vicinity of E (hereinafter “H”). Of the terms of the contract, the parts related to the instant case are as follows:

【Contents of Contract】

1. Calculation of construction amount and their respective shares;

(a) Total construction cost: 540 million won;

B. The construction cost shall be KRW 50 million, and the Plaintiff shall pay KRW 25 million after entering into a contract to F, and KRW 25 million after entering into a contract to F, respectively.

(c) The estimated construction cost shall be KRW 490,000,000,000, and four parts of the project to connect with the flag, to be removed, to be run directly by F, and the construction cost shall be paid to F after the Plaintiff decided in consultation with F.

Provided, That it shall be calculated again when a separate contract is prepared.

Value-added tax is separate from value-added tax, and expenses for sales advertisements shall be borne jointly by F and the plaintiff.

(Article 4 of this Agreement)

2. Payment of construction price, distribution of proceeds from sale, etc.;

A. In principle, the cost of the instant construction shall be treated as proceeds from the sale of a charnel house.

The plaintiff shall establish a charnel house for H and start it to F free of charge.

F When the proceeds from sale of H Charnel houses accrue, the F shall pay the Plaintiff the proceeds of the instant construction to the Plaintiff in cash as the top priority.

B. The proceeds from the sale of HH Charnel shall be appropriated to the proceeds of the instant construction project as the top priority.

arrow