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(영문) 대구고등법원 2014.12.04 2014나2342
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

Of the Plaintiff’s lawsuit, the part of the claim amounting to KRW 68,803,953.

Reasons

1. Facts of recognition;

A. The instant construction contract and the instant subcontract agreement were concluded: (i) the integrated construction company (formerly referred to as the “former integrated construction company; hereinafter referred to as the “Natural Construction”); the chemical industrial company (hereinafter referred to as the “True Construction”); and the Taecheon Construction Co., Ltd. (hereinafter referred to as the “True Construction”) entered into a contract with the Defendant for construction works inserted in the lots of 10,735,582,00 won (hereinafter referred to as the “instant construction works”) on August 27, 201 with respect to the construction works inserted in the lots of 10,567,418,00 won (the construction amount was changed to KRW 10,567,000 on September 27, 2012).

B. On October 18, 2010, E.S. Co., Ltd. (hereinafter “S. construction”) entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with respect to the instant soil and incidental construction works (hereinafter “instant contractor”) on October 18, 2010, the contract amount of KRW 2,010,800,000, and the construction period of construction until October 18, 2010, with respect to the instant soil and incidental civil works among the instant construction works; and the progress payment, until October 18, 2010, the contractor’s share (41.4% of the daily construction, chemical industry 46%, and December 6, 2012) (hereinafter “instant subcontract”). The said contract changed on six occasions to the last contract amount, KRW 854,050,00,000, and the period of construction from October 31, 2010 to December 15, 2010.

Article 2(3) of the Act on Fair Transactions in Subcontracting (hereinafter “subcontract”) is a construction company which is approximately 12 workers, KRW 2.1 billion in capital, and KRW 3.7 billion in sales (as of 2011), and falls under a subcontractor as prescribed by Article 2(3) of the Act on Fair Transactions in Subcontracting. Construction in Incheon constitutes a construction company which is approximately 21 workers and approximately 22.2 billion in sales (as of 201), and is a principal contractor as prescribed by Article 2(2) of the same Act.

B. (i) Payment of the instant construction cost was completed by the Corporation, and the Defendant has to pay the remaining construction cost (hereinafter “the instant construction cost”).

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