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(영문) 대구고등법원 2015.04.30 2014나1394
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 9, 2011, the Defendant entered into a contract with one another between the Port and Port (hereinafter “instant entire construction”) under which he/she would receive the payment of the construction cost of KRW 1,165,717,00 from the Port and Port (hereinafter “instant entire construction”) during the period from the 16th to May 11, 201 of the construction period, and between May 11, 2012. Under an agreement with the Port and Port, the construction cost of the construction cost of KRW 1,280,50,000 on April 23, 2012;

9. 25.1,457,200,000 each increased.

B. The Plaintiff, among the entire construction of this case, drafted each of the original subcontract agreements, modified subcontract agreements, and final subcontract agreements (hereinafter “each of the instant subcontract agreements”) with respect to reinforced concrete construction and sub-construction as indicated below, among the entire construction of this case.

【Preparation Table of Contract】 On October 10, 201, the initial contract for reinforced concrete construction works on the date of completion of the contract date of construction work under the name of construction type: (a) the changed contract on April 30, 201; (b) the 208,50,500,000 on October 30, 201; (c) the final contract on October 14, 201; (d) the 206,10,000 on September 25, 2012; and (e) the final contract on September 25, 2012; (e) the 0.10,000,00 on October 14, 2014; and (e) the change of the contract on September 39, 2011; and (e) the final contract on September 26, 2012;

On September 2012, the Plaintiff prepared a written agreement (Evidence A No. 3, hereinafter “instant agreement”) with the Defendant regarding all necessary matters for the performance of the entire construction of the instant case as follows.

1. Place of construction: Nam-gu, Gyeong-gu, Gyeongbuk-do; and

2. Period: From October 14, 201 to September 25, 2012;

3. Construction amount: an amount equivalent to 87 percent of the amount obtained by subtracting three-party insurance premiums (industrial re-insurance premiums, employment insurance premiums and retirement pension premiums) from the defendant's contract construction amount of 1,324,727,272 won (excluding value-added tax);

4. Payment: The defendant shall settle accounts within 30 days after the receipt of the construction price from the port of call to the plaintiff.

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