(영문) 대구지방법원 2017.08.23 2016나311146

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(영문) 대구지방법원 2017.08.23 2016나311146

공사대금 등

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1. Revocation of the first instance judgment.

2. The defendant shall be the plaintiff.

(a) KRW 17,00,420 and those related thereto shall be from June 25, 2016 to June 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the panel construction business in the Gu, Si, Si, Gu and Si, and the Defendant is a corporation that engages in construction business, etc. at 21,502, Seocheon-gu, Seocheon-ro 177-ro 21,502.

B. On May 28, 2015, the Plaintiff entered into a subcontract contract with the Defendant on May 28, 2015 with respect to the panel material, the entire construction, windows, metal, and glass construction among the construction works for the construction works for the extension of private factories B, Co., Ltd. located in Seodaemun-si, and the details of the contract are as follows:

(2) On January 1, 201, 200 won (the supply price of KRW 260 million, value-added tax 26 million, value-added tax 26 million, and value-added tax 26 million): The contract price for construction of land outside C and 16: From May 28, 2015 to June 30, 2015 (Provided, That it is possible to change the period due to a natural disaster excluding Dong 1): 286 million won (the supply price of KRW 260 million, value-added tax 26 million, and value-added tax 26 million): The contract price rate: 5% of the contract amount: 30 million from May 28, 2015 to June 30, 2015: 50/100 of the expiration of the warranty period: 50% of the contract amount; and

1. The recipient shall be limited to the overall execution of the panel related to the project, including on-site production.

2.There shall be no amount of light oil involved in internal storage.

C. On August 25, 2015, the Plaintiff completed the remainder of the instant construction, excluding one administrative Dong, and completed construction on September 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 19 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The construction cost of this case executed by the Plaintiff is KRW 268,721,964. The Defendant received KRW 81 million from the Defendant, and the Defendant received KRW 99,200,140 with equipment usage fees, etc. at the construction site of this case.

유사 판례

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