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(영문) 부산고등법원 2016.11.30 2015나55366
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasons why this part of the basic facts is used are the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the

2. The arguments and arranged issues;

A. The Plaintiff’s assertion 1) Article 27(1) of the instant contract provides for a title holder of insurance, and Article 27(2) of the said contract provides for the subject of insurance burden who is obligated to subscribe to insurance under the relevant statutes, the Defendant shall pay the Plaintiff the amount necessary to subscribe to the national health insurance, and since the national health insurance must be mandatory, the Defendant is an insurance policy that the Plaintiff is obligated to subscribe to the national health insurance. As such, the Defendant is a health insurance premium and long-term care insurance premium imposed by the National Health Insurance Corporation

On August 26, 2014, after the completion of all of the instant construction works, the Plaintiff is obligated to pay a total of KRW 254,850,360 health insurance premiums, etc. with respect to each of the instant construction works, and the “Yansansansan Eastdong Complex Construction Corporation,” which the Plaintiff was subcontracted from the Hanyang Industry Co., Ltd. around the same time, and was notified to pay a total of KRW 254,850,360, and paid all of the health insurance premiums, etc. around June 2015. Of these, the part that can be specified as being imposed with respect to each of the instant construction works through objective data is ① from among the construction works for the construction of the Hansan-dong Complex Construction Corporation in the Yongsan-dong Busan District District Co.

1) Construction Works described in paragraph (1), hereinafter “One Construction Works”) and ② Civil Construction Works among the Construction Works of the Cheongsong-dong, Cheongsong-dong, Cheongsong-dong, Cheongsong-dong, Cheongsong-dong, [the construction Works described in paragraph (1)(B)(2) above].

[2] Of the construction works of the building of the Gu Seo-dong M&M, the construction works of reinforced concrete (the above 1.B.)

3) Part relating to the construction work described in paragraph (1) (hereinafter “third Corporation”) and the amount of health insurance premiums, etc. is 181,941,860 won in total.

Therefore, the defendant is entitled to the plaintiff 1, 2, and 3.

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