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(영문) 광주지방법원 2015.10.16 2014나11082
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 Plaintiff is a stock company established for the purpose of electrical construction business, and the Defendant is a stock company established for the purpose of execution and supervision of electrical construction.

B. Five companies, such as Hyundai Construction Co., Ltd. (hereinafter referred to as “Modern Construction”), Gold Industry Co., Ltd., Taecheon Construction Co., Ltd., Taecheon Comprehensive Construction Co., Ltd., and Taecheon Construction Co., Ltd., were supplied with other exhibition hall construction works, such as Korean official, etc., at the EXPO 61-95, 201 EXPO 201 from the Organizing Committee of the EXPO 2012 EXPO 61-95, by organizing a joint supply and demand organization (representative Hyundai Construction; hereinafter referred to as the

On January 10, 201, the instant contracting body made a subcontract for electrical construction (hereinafter referred to as “subcontract”) among the construction works for the said Korean Government and other exhibition-related supporting facilities, with the construction period from January 10, 201 to December 10, 201, and with the construction amount of KRW 1,743,50,000 (including value-added tax, labor cost of KRW 776,590,830).

C. On February 14, 2011, the Defendant concluded a sub-subcontract with the construction period from February 14, 2011 to December 10, 2011, with respect to the “construction works for the electricity, fire-fighting, and communications of H, B, C, D, and harbor facilities” (hereinafter “instant re-subcontract construction works”) during the instant subcontracted construction works (hereinafter “instant re-subcontract construction contract”).

The main contents of the instant sub-subcontract contract related to this case are as follows.

Article 1(General Matters)(5) Payment Terms and Conditions for a Written estimate (No. 240,000,000 of the construction amount (excluding value-added tax) attached to a written estimate (No. 2-3): 6) Payment Terms and Conditions for a subsequent modification of design: B (Plaintiff) shall prepare a written statement of the nature of each month, review and submit it by the head of the site and then review it, and pay A (Defendant) by no later than the 15th of the following month.

Article 4(Scope of Construction) 5) B (Plaintiffs are lodging expenses, personnel expenses, and vehicle operation expenses incurred in the above construction.

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