logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.05.04 2015나2448
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; there is evidence Nos. 1, 3, and 9 of the evidence Nos. 1, 2; and the purport of the whole pleadings. A.

On June 19, 2009, the Defendant entered into a contract (hereinafter referred to as “Cremany contract”) under which the Daegu Cremany Construction Work (hereinafter referred to as “Cremany Construction Work”) was to be paid for the construction cost of KRW 2,082,104,00, and the construction period from June 25, 2009 to April 21, 2010, and the construction cost was reduced to KRW 2,052,154,000 due to a design modification on May 10, 2010.

The cargo station construction was completed at the end of 2010, and the defendant was paid the construction price in full by Daegu Metropolitan City.

B. On October 29, 2009, the Defendant entered into a contract with the Republic of Korea (hereinafter referred to as “the contract for a military satellite station”) to supply and demand a new military satellite station (hereinafter referred to as “the contract for a military satellite station”) by determining the construction cost of KRW 2,030,759,00 and the construction period of the military satellite station from November 3, 2009 to October 31, 2010. On December 20, 2010, the Defendant entered into a contract with the Korea (hereinafter referred to as “the contract for a military satellite station”) to supply and demand a new military satellite station (hereinafter referred to as “the contract for a military satellite station,” and the contract for a military satellite station and the contract for the contract for the construction of the military satellite station were collectively referred to as “the contract for the instant case”). On December 20, 2010, the construction period was increased to KRW 2,609,785,040 due to price fluctuation, and the construction period was changed from October 210.

The construction work of the military-satellite station was completed at the end of 2010, and the construction cost was reduced to KRW 2,551,005,594 in the course of completion settlement, and the defendant received the payment from the Republic of Korea in full.

2. The parties' assertion

A. The plaintiff 1 is responsible for the execution of the instant construction work between the defendant and the defendant, and 7% from the construction cost of the instant construction work shall be paid by the defendant.

arrow