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(영문) 대전고등법원 2015.07.22 2014나12445
공사대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

Reasons

1. Basic facts

A. The Defendant awarded a contract with Samsung CTRJEC CIV - ARO 2, and three construction works from Samsung C&T/T engineering (hereinafter “project owner”), and entered into a subcontract with each of the construction sites (including value-added tax) around February 20, 2013 with respect to M&T construction and mold construction and non-reform construction among the aforementioned construction works, on December 30, 2013, between February 20, 2013 and December 30, 2013; the construction cost of KRW 1,59,400,000 (including value-added tax) for reinforced concrete construction (including value-added tax); and the construction period of KRW 68,80,000 (including value-added tax) with respect to reinforced concrete construction (II) from March 20, 2013 to December 30, 2013;

(hereinafter the above subcontract is referred to as the "instant subcontract" and the construction works subcontracted by the Defendant are referred to as the "instant construction works". (b)

On February 23, 2013, the Plaintiff entered into a construction participation agreement with C, a person in charge of the instant construction site of Busan Construction (hereinafter “instant construction participation agreement”) with the content that the Plaintiff shall execute each of the instant construction works on the agreed price of KRW 124,662,00 (excluding value-added tax), and the non-degree installation works on the agreed price of KRW 230,00,000 (excluding value-added tax) as materials and equipment provided by the Busan Construction.

C. On April 27, 2013, the Defendant entered into an agreement on the settlement of accounts for the instant construction project (hereinafter “instant settlement agreement”) with the Busan Construction Corporation (hereinafter “instant settlement agreement”) and concluded the instant subcontract agreement with the Busan Construction Corporation.

1) As of March 31, 2013, 200 won (including value-added tax; hereinafter the same shall apply) is KRW 1,080,200,00 (including value-added tax; hereinafter the same shall apply) and the amount already paid is KRW 737,00,000. 2) The Defendant paid the unpaid Construction’s unpaid amount of KRW 750,482,675 (the “2013,” which is the corresponding year of March, 201) (the “2013,” which is the corresponding year of March, 200, does not exceed the same volume; hereinafter the same shall apply) for labor expenses of KRW 590,70,700,782,675, which is not paid at KRW 159,

(The Defendant’s direct payment of the obligation incurred in the construction of the United States of America). The Defendant’s payments for the four-month invested.

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