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(영문) 인천지방법원 2020.05.14 2019나54187
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

(b) the facts of the basis;

A. A. around 2018, the Defendant was awarded a contract for D’s neighborhood living facilities and a new construction of detached houses from Guri-si.

On March 16, 2018, the Plaintiff completed construction by entering into a subcontract with the Defendant for reinforced concrete construction work at the contract price of KRW 56 million during the said construction work and completed the dismantling of external vision.

The main contents of the above subcontract are as follows:

Standard subcontract form of construction business (basic, modified)

4. Period of construction: April 30, 2018 from the completion date of construction on March 16, 2018 due to the scheduled commencement date.

5. Contract amount: physical nex 56,00,000 supply value: nex 56,000,000 (Labor expense: nex nex nex nex nex nex nex nex nex)* Value-added tax on labor expense under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry

6. Payment of the price;

(b) Amount completed: (1) 30 per cent of the basic framed, 30 per cent of the 2nd floor framed; (2) 30 per cent of the time of the release of the material after the removal of the material after the removal of the material after the removal of the pentry; (3) the method of payment by 10 per cent of the cash special conditions (construction).

7. Terms and conditions of the contract are as follows: (3) A (the Defendant) shall pay scrap bars, ready-mixeds, powdered nets, PEFILM, overfILM, sheet sheeting and basic household materials (speak, pipe pipe, etc.) to B (Plaintiff). B (Plaintiff) shall purchase and manage miscellaneous scrap and auxiliary materials; (4) shall submit a written confirmation of payment; and (5) all equipment under the above construction (spe, kins, and other equipment) shall be borne by B (Plaintiff). B) The Defendant paid to E (temporary totaling KRW 10 million (=60 million) at the cost of temporary materials (=6 million won on March 26, 2018); (60 million won on May 14, 2018; and (4) the payment of the remainder of the subcontract (56,000,000 won to the Plaintiff); and (1) the payment of the remainder of the pleading (14 million won on May 14, 2018).

2. Issues and judgments

A. The key issue of the instant case: The Plaintiff’s assertion as to whether the subcontract price includes the temporary expenses.

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