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(영문) 서울고등법원 2015.12.01 2014나42662
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Promotion Enterprise Co., Ltd. (hereinafter “Promotion Company”) to conclude a contract with the Promotion Company to accept a subcontract, setting the construction cost of KRW 1,149,210,020 and the construction period of KRW 1,149,210,020, among the construction cost of B-district housing sites and C apartment buildings, from June 22, 201 to September 3, 2012.

B. On August 13, 2012, the Defendant concluded a construction work agreement (hereinafter “instant construction agreement”) with respect to the instant construction work among three apartment complexes in B district B among the subcontracted construction works by the promotion enterprise (hereinafter “instant construction work”), which provides labor by setting the construction cost of KRW 280,00,000, and the construction period from August 1, 2012 to September 15, 2012 (hereinafter “instant construction work agreement”). Since then, the construction cost stipulated in the instant construction agreement was increased to KRW 281,596,00,000, including additional construction cost of KRW 1,596,000.

The contents of the instant construction agreement related to the instant case among the terms and conditions of the construction agreement and the terms and conditions attached to the construction agreement agreed upon by the Defendant while entering into the instant construction agreement are as follows.

Article 2 (General Matters) of the Terms and Conditions of Construction Work Execution Agreement

7. Upon completion of the construction, the Defendant shall remove all the construction facilities, wastes, and temporary facilities from the construction site without delay and fix the construction site.

Article 7 (Construction and Management of Materials)

5. After daily work, the surrounding adjustment shall be carried out by the defendant, and if the plaintiff is entitled to receive a deduction from the ordering person as a result of the failure to implement it, it shall be deducted from the progress payment

Article 9 (Price Payment)

1. The payments shall be made in consultation with the Plaintiff and the Defendant in accordance with the principle of good faith and payment by the ordering authority.

However, the payment of wages and food for workers employed by the defendant shall be governed by the following special agreements:

Matters of special agreement (payment of wages and food for workers employed by the defendant)

2. When the defendant submits an invoice of daily labor expenses and a statement of calculation of food expenses, it shall be within the extent of the contract amount.

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