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1. The plaintiff, the defendant Kunsan-si, the 133,065,480 won for defendant Kunsan-si, and the 23,934,520 won for defendant Kunsan-si comprehensive construction, and each of them.
Reasons
1. Facts of recognition;
A. On April 28, 2011, Defendant Bocheon Construction Contract between the Defendants was awarded a contract for construction work for the construction work for the road establishment and packaging work (the second section) with the 259,473,000 Won (hereinafter “the instant prime contract price”) and the construction period from March 19, 2012 to January 12, 201. The general terms and conditions of the construction contract for the construction work for the local government (Rules 333 of the Ministry of Public Administration and Security) were incorporated into the terms and conditions of the contract.
B. On October 5, 2012, Defendant 1’s comprehensive construction and Plaintiff’s subcontract agreement for the construction of the instant secondary road from Defendant 2’s comprehensive construction project, the Plaintiff accepted a subcontract by setting the bridge construction cost of KRW 157,00,000 and the construction period from October 24, 2012 to January 12, 2013. The contractual terms of the construction subcontract were incorporated into the terms and conditions of the contract, and the contractual terms of the contract are to comply with the Framework Act on the Construction Industry (hereinafter “Construction Act”), the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and Article 1(Basic Principles) ② and B comply with the provisions of the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act, and the relevant Acts and subordinate statutes.
this included.
C. On November 5, 2012, the Plaintiff and the Defendants agreed to be directly paid the subcontract price corresponding to the portion executed by the Plaintiff (amended by Act No. 11576, Dec. 18, 2012) by the Plaintiff pursuant to Article 35(2) of the former Framework Act on the Construction Industry (amended by Act No. 11576, Dec. 18, 2012) (hereinafter “instant direct payment agreement”).
As a result, the Plaintiff completed the instant bridge construction; Defendant 1’s comprehensive construction completed each of the instant secondary roads and packaging construction; and Defendant Gunsan completed the completion inspection on the instant secondary roads, including the instant bridge construction, on March 21, 2013.
【Legal basis for recognition】