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(영문) 부산고등법원(창원) 2015.12.17 2014나2221
공사대금
Text

1. The judgment of the first instance court and the Changwon District Court of the Changwon District Court of 2013 Gohap1351, 2014 Gohap522 (Counterclaim).

Reasons

1. Facts of recognition;

A. On August 7, 2008, Plaintiff Achip Construction Co., Ltd. (hereinafter “Plaintiff Achip Construction”) (hereinafter “Plaintiff Achip Construction”), the Defendant, the private development project implementer of the Egri-Industrial Complex located in Busan Cheong-gun, Busan Cheong-gun, determined construction cost for the construction work of the above Egri-Industrial Complex, the construction work of the national highway Fal Works leading to the above agro-industrial complex, and the construction work of the national highway Fal Works (hereinafter “instant construction”) around 7,920,00,000, and the completion date of the completion of the construction work by June 2009.

After that, the Plaintiff and the Defendant concluded a contract to modify the contract (hereinafter “instant construction contract”) with the following contents changed on April 30, 2010 to the supply price of KRW 6,600,000,000 for the construction work on December 31, 2009 (i.e., the supply price of KRW 60,000,000 for value added tax of KRW 60,000 for value added tax of KRW 0,000 for value added tax of KRW 60,000 for the completion of the construction project), and agreed that the Defendant will be supplied 400,000,000 for the soil necessary for site creation work being implemented on the side of E

The warranty period of defects: Article 3 (Change) of the General Conditions of the Contract for Construction Works for Two-year Civil Construction Works (Contract Documents) (1) shall be comprised of a contract for construction works, general conditions of the contract for private construction works, special conditions of the contract for construction works, design and calculation sheets, and shall have the effect of mutual supplementation.

Article 13 (Safety Control and Accident Compensation) (1) Comprehensive Construction of Plaintiff Edypted Construction shall take appropriate measures to prevent industrial accidents, such as the installation of safety facilities and subscription to insurance, etc., and for this purpose, the defendant shall include the amount equivalent to the safety control expenses and the industrial accident compensation insurance fees in the contract amount.

(2) The liability for an industrial accident that occurred at a construction site shall be borne by the comprehensive construction of plaintiffs.

However, if a disaster occurs due to a design defect or work requested by the defendant, the right to demand reimbursement can be exercised against the defendant.

Article 14 (Protection of Construction Workers) (1) Construction Works contracted for comprehensive construction of Plaintiff-Ad Hoc.

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