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(영문) 부산고등법원 2015.08.13 2014나901
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. Basic facts

A. The Defendant was awarded a contract from Busan Metropolitan City to “the construction of a water-tension sewage pipe in the Green Products”, and the Plaintiff was awarded a subcontract for A-LINE 1 construction work (hereinafter “instant construction work”), a part of the said construction work, by the Defendant, and the Plaintiff, the Plaintiff, the Plaintiff, and the Busan Metropolitan City, the ordering person, agreed to pay directly to the Plaintiff, the subcontractor, who is the subcontractor.

(hereinafter “instant direct payment agreement”). (b)

The original and the Defendant drafted a standard subcontract agreement for construction works (Evidence A) and a subcontract modification agreement (Evidence A No. 4, 5) with the content that the Plaintiff will perform only the remaining types of construction work after subtracting the same type of construction work as described in the table of attached Table among the instant construction works. The contract and the agreement are written as follows: (a) the construction cost of the instant construction work was KRW 7,100,000,000 on February 22, 2011, which is the date of preparation of the first contract; and (b) the construction cost of the instant construction work was KRW 7,102,00,000,000,8,340,000,000,000,000,000,830,885,000,000,000 according to each amendment agreement around March 29, 2013.

C. Meanwhile, the Plaintiff and the Defendant also drafted a subcontract agreement (Evidence B No. 3) and a subcontract agreement (Evidence B No. 4) with the content that the Plaintiff will perform the entire instant construction project. The said contract and agreement were KRW 6,435,00,000 on February 22, 2011, which was the date of the initial contract preparation, and entered as KRW 7,570,200,000 according to the modified agreement on June 28, 2012.

The Plaintiff demanded the Defendant to pay the additional construction cost as a result of a large amount of the instant construction cost incurred in water-related construction (water-related construction) among the instant construction works, etc., and the Plaintiff and the Defendant agreed to pay the additional construction cost to the Plaintiff on February 22, 2013 as KRW 605,00,000 (including value-added tax) required by the Plaintiff.

(hereinafter “Agreement on Additional Construction Costs of this case”). E.

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