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(영문) 부산고등법원 2017.11.02 2016나55325
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. A. On March 14, 2014, the Defendant subcontracted the construction of creative metal among the new construction works of the apartment building in Ildong-si Co., Ltd. and Kimhae-si Co., Ltd., but the said construction was suspended on January 6, 2015.

B. On January 30, 2015, the Defendant: (a) specified each construction period as indicated in the separate sheet from January 30, 2015 to February 28, 2015; and (b) subcontracted to the Plaintiff each construction period of KRW 150 million (excluding value-added tax).

(C) The construction subcontracted by the Defendant to the Plaintiff (hereinafter “instant construction”).

On January 30, 2015, the Plaintiff re-subcontracted each of the construction works listed in the [Attachment 1 to 8, 13 through 18, among the instant construction works, to E (D) with the cost of construction KRW 50 million (excluding value-added tax).

(hereinafter the Plaintiff’s sub-subcontracted construction to E (hereinafter “the re-subcontracted construction of this case”). Of the creative construction, it is confirmed that the Defendant was immediately paid in accordance with the specifications put into the construction site when the Plaintiff failed to perform the re-subcontracted construction costs of KRW 55 million.

(If it is not possible to complete construction within 10 days as of the date of confirmation of the fact-finding certificate, this certificate shall be null and void).

D. On February 28, 2015, the scheduled completion date of the instant construction project, the Plaintiff did not complete the instant construction project. On May 18, 2015, the Plaintiff drafted a certificate of direct payment of construction price (hereinafter “certificate of direct payment”) with the Defendant and E as follows.

E. On May 21, 2015, Defendant and E entered into a contract for construction works, setting the construction period from May 21, 2015 to May 31, 2015, with respect to Changho Construction, as the construction cost of KRW 55 million (excluding value-added tax).

The person who made the statement was the recipient of the new construction work of the C Multi-Family Housing from the owner J.

A statement is among the new construction works of multi-family housing C.

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