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(영문) 대구고등법원 2015.08.27 2014나4928
건설자재임대료 등
Text

1. Of the counterclaims in the judgment of the court of first instance, the Defendant-Counterclaim Plaintiff with respect to the part ordering additional payment below.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 8, and Eul evidence Nos. 1 to 4 and the whole purport of the pleadings.

The counterclaim defendant is the representative director of the plaintiff.

B. Sam Young Construction Co., Ltd. (hereinafter “Yyoung Construction”) contracted C Construction from the Co., Ltd. on August 17, 2012.

On August 17, 2012, the Defendant concluded a subcontract to pay sewage to reinforced concrete construction works (hereinafter referred to as “instant construction works”) among its construction works from Sam Young Construction to October 5, 2013, by setting the construction cost of KRW 984.5 million (including value-added tax) and the construction period from August 17, 2012 to October 5, 2013, and agreed on March 18, 2013 to increase the construction cost of KRW 1,123,804,000.

C. On August 30, 2012, the counterclaim Defendant entered into an agreement with the Defendant to participate in the construction work (hereinafter “instant agreement”) with respect to the instant construction work as follows.

【Contractor of Contents of Agreement】 Defendant’s execution participant: Counterclaim Defendant

4. Period: From August 17, 2012 to September 10, 2013;

5. Contract amount: One billion won (excluding value-added tax).

6. Payment: 100% in cash on the 25th day of the following month after the end of each month.

8.The costs of all personnel and food costs, equipment, materials, hardware, etc. covered by the special agreement shall be paid directly by the defendant to the person, restaurant, equipment, material and material enterprise, steel material seller, etc., and the amount paid shall be deducted from the progress payment made by the counter-party.

Where the contract price has been paid in excess of the contract price due to the failure of the counter-party defendant to perform the contract or waiver of the construction work due to internal problems, the counter-party shall preferentially pay the defendant the contract bond, secured claim, etc.

This contract has already occurred due to price increase factors, such as price increases (ES) and unexpected works, democratic labor class, and labor cost increase demand for the Korean labor class.

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