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(영문) 서울고등법원(인천) 2020.08.21 2019나11829
공사대금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On December 3, 2017, the Defendant entered into a subcontract with the Korea Intellectual Property Corporation (hereinafter “instant Corporation”) among the Dsan Industrial Complex Construction Works located in Ansan-gu Seoul Special Metropolitan City, Ansan-si, Gyeonggi-do.

(2) The contract to pay the Plaintiff the construction amount of KRW 236,50,000 (including value-added tax) and the contract to pay the Plaintiff the construction amount of KRW 236,50,000 (including value-added tax) from December 3, 2017 to February 25, 2018 (hereinafter “instant contract

2) The instant construction works combines the ground of the ground by using the equipment called a port beta, and combines the ground to be excavated at the bottom of the port beta while drilling the ground into the ground.

Of the types of horses, ‘T4' is very large noise, while the unit price is low, and the earth's degree is low, while the unit price is low.

The kind and unit price of the horse determined by the type of ground in the contract of this case shall be as follows:

(No value-added tax shall be included in the unit price). ① The 4 T4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-4 T-40 20,000 T-40

B. (1) The Plaintiff started the instant construction work on December 11, 2017, and completed the construction work on March 14, 2018, which was later than scheduled. (2) The occurrence of a civil petition arising from noise during the instant construction work, and the Plaintiff continued the construction work using the “stonationdo” even in soil and sand, wind and rock.

3) In addition, the instant construction was scheduled to be able to work 9 hours a day, but it was able to work 50,000 hours a day from February 5, 2018 due to the instruction of the competent authority due to noise civil petition. 4) The amount the Defendant worked in the instant construction to “T4” and “topenedo” is as follows.

(unit: m) The type of work (type of horse) shall be discussed on the date of work.

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