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(영문) 광주고등법원(제주) 2020.10.14 2019나10479
공사대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. 1) The Defendant entered into a subcontract on December 28, 2012 (hereinafter “C Association”) with C Association around December 28, 2012

) In Jeju City, the first factory operation of 2 factories (I and J-dong) on the land outside H and 1 lots was a building with a raw material storage, product storage, boiler room, etc. as a building on the first floor and the first floor above the ground. Jdong of the factory was planned to be used for the purpose of storage, premises restaurant, office, etc. as a building on the second floor above the ground. The construction of a mixed feed plant such as a warehouse (hereinafter “instant construction”).

(2) A contract for a construction project (hereinafter “instant contract”) under which the contract was concluded between December 28, 2012 and September 28, 2013 for the construction cost of KRW 2,458,50,000 (including value-added tax) and the construction period of KRW 2,58,50,000 (including value-added tax)

(2) On July 19, 2013, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant and the Plaintiff on the terms and conditions that the said subcontract was awarded for construction work amounting to KRW 603,40,000 (including value-added tax), the construction period from July 17, 2013 to August 30, 2013, and the delayed payment rate of KRW 0.1% (hereinafter “instant subcontract”).

B. The Plaintiff supplied materials falling short of the instant subcontracted project and the standard to E Company (hereinafter “E”) around May 7, 2013 (hereinafter “E”), as materials, such as H-type lectures, C-type lectures (on April 24, 2013), etc. supplied around August 17, 2013, and ② C-type lectures, - angles (on August 7, 2013), etc. supplied to the subcontracted project, and completed installation at the site of the instant subcontracted project from August 2013 to October 2013.

However, on August 2013, while examining steel materials brought into the site by a Police Cooperative, the Plaintiff was aware of the use of steel materials below the standard and raised an issue. Nevertheless, the Plaintiff continued to perform the subcontracted construction and completed the installation of structures.

Since then, in order to guarantee the quality of smuggling that the plaintiff submitted to C&C around November 2013, the manufacturer is in standard goods.

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