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(영문) 부산고등법원 2021.01.21 2019나53917
공사대금
Text

1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows.

A. The defendant.

Reasons

1. Basic facts

A. On June 13, 2013, the Defendant appears to have concluded a contract for construction work between the Defendant and C Co., Ltd. (hereinafter “C”) with the “facilities for treating sewage generated in Ulsan Northern-gu, etc.” implemented in the G G department of Ulsan-gu, Seoul-gu.

Of the “Public-Private Partnership Project,” “I and II” (hereinafter collectively referred to as “instant construction works”) concluded a contract for construction works (i.e., the “instant construction works” in accordance with the structure sequence, and (ii) the total construction cost of KRW 8,955,00,000 (i.e., the instant construction works 4,505,000,000) (i., the instant construction works 4,450,000, value added taxes; hereinafter the same shall apply), the construction period of KRW 00,00,000,000 for each of the instant construction works from June 13, 2013 to February 26, 2016; (iii) the construction cost of KRW 80,000,000,000,000,0000 for additional construction works; (iv) the construction cost of KRW 80,084,000,000,0084).

B. The Defendant, the Defendant’s representative director H, and the Defendant’s vice president I were indicted as charges of violating the Framework Act on Construction Industry by Ulsan District Court 2017 senior 720, respectively. The gist of the facts charged is as follows.

The Defendant’s representative director H and the Defendant’s vice president I cannot subcontract the subcontracted construction work to another constructor. However, H and I conspiredd with the Plaintiff on June 2013, and re-subcontracted the instant construction work that was subcontracted by C to the Plaintiff.

The facts charged against the defendant.

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