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(영문) 서울고등법원 2020.10.14 2019나2011997
공사대금
Text

Of the judgment of the court of first instance, the part concerning the counterclaim shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On May 12, 2015, Namnam-si entered into a contract for construction works with a joint supply and supply company organized by Co., Ltd. C (51%) and Co., Ltd. D (hereinafter “instant joint supply and supply company”) (hereinafter “instant joint supply and purchase company”) on the terms of awarding construction costs of KRW 2,681,323,00 (including value-added tax) to the instant joint supply and purchase company.

B. The Defendant entered into a contract with the instant joint contractors with the content that the Defendant would receive 81% of the contract amount awarded by the instant joint contractors in return for the execution of the instant joint contractors by subcontracting the instant joint contractors.

C. On June 3, 2016, the Defendant entered into a construction subcontract agreement (hereinafter “instant subcontract agreement”) with the Plaintiff on the condition that it subcontracted the construction works to replace (delet and install) devices (hereinafter “instant subcontracted works”) among the instant prime contract works (hereinafter “instant subcontracted works”).

The main contents of the instant subcontract are as follows.

Execution Contract

1. Construction name: Construction works to replace (delet, or install) bridges among E projects, 2016;

2. Period: Period from June 10, 2016 to completed;

4. Settlement and accounting 1) The plaintiff shall undertake the responsibility for the following amount in executing the above construction work en bloc. - Value of 400,000,000 won - Value-Added Tax - Total construction cost of 40,000,000 won: 440,000,000 won in the case of design modification, the modified amount of design shall be determined by mutual agreement between the plaintiff and the defendant and shall be executed in accordance with the standards.

(Provided, That the rate shall be on the basis of a special agreement) (3) The plaintiff shall submit to the defendant a monthly base tax invoice (including a statement of transaction details). (2) The plaintiff shall submit to the defendant a ledger of labor cost for the worker concerned as of the last day of each month as of the next month, within the fiveth day of the following month. (In the case of submission of the ledger of labor cost,

③ The Defendant submitted by the Plaintiff.

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