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(영문) 광주지방법원 2018.10.05 2017나57119
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 (applicable for recognition: The fact that there is no dispute, Gap evidence 1 and 3 (including those with virtual numbers; hereinafter the same shall apply);

(B) Each fact-finding inquiry and reply to the Gwangju Metropolitan City Mayor, as a result of the first instance court’s first instance court’s inquiry, the purport of the entire pleadings)

A. On April 17, 2012, the Defendant entered into a subcontract for reinforced concrete construction works among the above construction works (hereinafter “instant B construction works”) and re-subcontracted to the Plaintiff, by oral means, the concrete building works of the said construction works between the Hanju-si Co., Ltd. and the Hanju-si Construction Industry Co., Ltd. (hereinafter “Y”).

B. The defendant 2013

4.1. Around January 1, 200, by Tae Young Construction Co., Ltd., Dool Construction Co., Ltd., Bred Construction Co., Ltd., and D Co., Ltd., and D Co., Ltd. (E), subcontracted the instant F concrete construction work (hereinafter “instant F concrete construction”), and re-subcontracted the instant construction work to the Plaintiff.

In addition, the Defendant subcontracted the construction site at the above F construction site and subcontracted the construction project (hereinafter referred to as the “FF non-subcontract”) to the Plaintiff by verbal re-subcontracting the concrete building works at the above construction site.

C. On December 5, 2013, the Defendant entered into a subcontract on reinforced concrete construction works among the foregoing construction works (hereinafter “the instant tennis construction works”) with Samdo Construction Co., Ltd., State-Owned Public Corporation, Dong Indoin Construction Co., Ltd., and re-subcontracted the Plaintiff orally on December 5, 2013.

The Plaintiff completed all re-subcontracted works by the Defendant as above.

2. The amount of each of the construction costs in this case: 839,738,500 won;

A. As to the instant B construction: 266,584,00 won is 37,771 cubic meters of the specific building volume of the instant B construction that was re-subcontracted by the Defendant.

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