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(영문) 부산지방법원 2020.10.28 2018나62089
인건비 등
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amount, which orders payment, constitutes the Defendant-Counterclaim Plaintiff.

Reasons

The key point of the Plaintiff’s assertion on the cause of the Plaintiff’s claim is that the Plaintiff subcontracted to the Defendant for the 1st Temporary Building and Telecommunications Corporation (hereinafter “the 1st Temporary Building and Telecommunications Corporation”) among the information and communications projects for the renovation of the Cmiddle School Teachers in Busan Dong-gu J (hereinafter “instant construction projects”) located in Busan-gu, and completed the 1st construction by employing the work staff from November 2013 to April 2014. After completing the 1st construction, the Plaintiff subcontracted to the Defendant the 2nd Building and Telecommunications Corporation (hereinafter “the 2nd construction”) among the instant construction projects, and completed the 2nd construction by performing the 2nd construction from August 2014 to May 2015.

At the time, D Co., Ltd., a contractor, was awarded a contract for the construction of this case by the Busan Metropolitan Office of Education, and subcontracted to the defendant.

However, in consideration of the fact that the prime contract relationship between D and Busan Metropolitan Office of Education is not the issue of the instant case, and that sub-subcontracts have been made for the instant construction, it refers to a subcontract between D and D as a "contractor" for convenience, and a subcontract between the Defendant and D as a "contract."

(hereinafter referred to as “D”) agreed to pay KRW 150,000,000 for the secondary construction cost, equivalent to KRW 78.9% of the 190,000,000.

In addition to the 1 and 2nd works, the Plaintiff, at the request of the Defendant, performed the design modification works related to the 2nd works (hereinafter “instant design modification works”), the special room in the school, the broadcasting TV reinforcement works, and the installation of CCTV for the main and temporary teachers (hereinafter “instant additional works”).

Since the primary construction, the design change construction and the additional construction are incidental to the primary construction, the primary construction and the design change construction and the additional construction shall be calculated in accordance with the agreement on the secondary construction cost (78.9% of the construction cost received by the Defendant D).

The Defendant’s total sum of D’s 1 and 2nd works, the design modification works of this case and additional works is 264,280.

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