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(영문) 대구고등법원 2017.05.11 2016나23954
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged according to the respective entries in Gap evidence Nos. 1, 4, 6, 7, and Eul evidence Nos. 1 through 4, 21, and 22 (including the numbers when they are not specially indicated; hereinafter the same shall apply) and the whole purport of pleadings, and there is no counter-proof.

On February 24, 2014, Samsung Engineering Co., Ltd. (hereinafter referred to as “Tsung Engineering”) entered into a construction contract with the Defendant for construction work (hereinafter referred to as “Defendant supply contract”) with the content that it will contract the Defendant with the Defendant by setting the construction period as KRW 3,090,000 for the construction period (hereinafter referred to as “Defendant supply contract”) and if it is specifically referred to as “the modified contract,” the following changes are referred to as “the Defendant supply contract” in accordance with the changed number of vehicles.

B. From April 2014 to the Defendant’s request, the Plaintiff invested materials and human resources at the construction site of the Defendant’s supply and demand contract and carried out the said installation work.

C. On May 26, 2014, Samsung Engineering entered into a contract with the Defendant for the first supply and demand of the Defendant with the content that the scope of the construction project is limited to half of the cooperation project as well as the air conditioners, and that the supply value is reduced to KRW 1,227,757,000, and the first supply and demand contract was concluded between Samsung Engineering and the Defendant and the Defendant that were excluded from the scope of supply and demand between the Defendant’s supply and demand (hereinafter “regular safety machine”), setting the remainder of the cooperation project and the control project that were excluded from the scope of supply and demand as KRW 2,65,480,000.

Samsung Engineering and the Defendant, on June 26, 2014, increased the supply value to the Defendant’s supply contract to KRW 1,750,317,000, while the supply value on October 25, 2014 is 2,15.

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