(영문) 대전지방법원 2015.04.29 2014나105576

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(영문) 대전지방법원 2015.04.29 2014나105576

공사대금 등

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

1. Basic facts

A. On July 6, 2012, the Plaintiff entered into a contract with the Defendant on July 6, 2012, stating that the contract amount of KRW 409,00,000 (excluding value-added tax) and the construction period from July 6, 2012 to November 25, 2013 with respect to the unused construction (hereinafter “instant construction”) among the “Scco Construction Works” in the “Scco Construction Works in Seoul Guro-gu” (hereinafter “Scco Construction”), which the Defendant was awarded a contract for the instant construction work, and the main contents thereof are as follows:

Article 2 (Contract Amount)

(a) The contractual unit price shall be calculated based on a detailed statement;

(See Separate Contract Statement)

B. The above agreed amount includes four major insurance, such as wages, food, good attendance, retirement benefits (mutual aid), overtime allowances, etc. of workers.

All the expenses to be borne by an employer due to the employment of workers shall be included.

Article 3 (Deposit for Contract)

A. The Plaintiff shall submit to the Defendant a guarantee issued by any of the following agencies prior to the conclusion of the contract bond as set out in the contract to guarantee the performance of the contract.

2. Certificates issued by guarantee insurance companies, the Credit Guarantee Fund, and other equivalent institutions;

B. The plaintiff A.

Pursuant to the provisions of paragraph (1), the securities for performing the contract shall be set at KRW 40,900,000, and the amount of security shall be paid accordingly.

(c) Where the amount of damages for cancellation or termination of a contract exceeds the contract deposit, due to the causes under Articles 5 and 7, it may claim the excess amount of damages;

Article 4 (Payment of Price)

C. The defendant shall pay the amount of progress payment every month as equal to the amount of the original office’s flag, and shall pay it within 15 days from the date of receipt of the original office’s flag.

In principle, the plaintiff shall pay to the defendant the details of payment and the materials of wage execution after paying the wage.

E. The plaintiff shall submit to the defendant a material input and transaction list and a tax invoice.

유사 판례

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