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(영문) 서울고등법원 2015.10.08 2015나10136
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following portion constitutes an additional payment order.

Reasons

1. Basic facts

A. 1) On March 10, 2011, the Defendant entered into a construction contract with the Plaintiff, the fourth-story commercial building on the B B B block ground between the Plaintiff and the Plaintiff (hereinafter “instant commercial building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(A) As to the construction cost of KRW 990,00,00 (including value-added tax) and the contract providing each Plaintiff with the terms and conditions that each contract shall be made to the Plaintiff during the construction period from March 12, 201 to June 30, 2011 (Evidence A 1; hereinafter “instant contract”).

2) The Defendant (agent C and the Plaintiff) entered into an agreement as follows.

1. Matters concerning the construction contract;

2. Matters regarding the operation of the construction site;

3. With respect to matters concerning financing management and execution, (i) the construction amount shall be paid directly to the site after the project owner purchases and pays sn beam lines and sn beam lines (H beams and sn beams) from the project owner; (ii) sn beam containers and steel reinforced materials shall be paid to the site after a direct unit price negotiation with the project owner;

3) If there is a change in construction work at the time of the site operation, it shall be determined by the owner after the direct determination. 4) Additional construction cost incurred after the completion shall be managed directly after the approval by the owner.

As to paragraph (2), quality control, safety management, and rental work at the construction site shall be managed by the Plaintiff’s on-site agent and shall be jointly handled by agreement between the Plaintiff and the Defendant (agent C). In addition, with respect to the selection of the contractor, Defendant C shall have priority and shall take precedence over the payment of the construction cost in the future. When the payment of the construction cost is not completed after completion, Defendant C shall take civil and criminal responsibility. In regard to paragraph (3), construction cost shall be paid to the subcontractor after deposit into the designated account of the Plaintiff.

2) When the construction cost is deposited in the designated account, the Plaintiff must immediately pay it to the subcontractor and ensure that it does not interfere with the construction work. 3) When the Defendant (agent C) selects an enterprise, he shall immediately notify the Plaintiff and manage the contract.

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