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(영문) 인천지방법원 2015.02.12 2013나12921
가설재임료 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Defendants were awarded a subcontract for the construction work of Chigh School Meal Facility Extension Works (hereinafter “instant construction work”) on May 4, 2012, with the amount of construction work fixed as KRW 842,83,680 by the Incheon Metropolitan Office of Education as KRW 842,83,680, which ordered the PTL Creation C High School C&C Co., Ltd. (hereinafter “C”) to KRW 645,00,000 for the construction work price.

B. Defendant detailed mining comprehensive development company (hereinafter “Defendant detailed development”) re-subcontracted part of the instant construction work at KRW 145,00,000 to D around May 2012 (hereinafter “the re-subcontract”) and its main contents are as follows.

The contents of sub-subcontract construction: Construction period of re-subcontracted construction of the whole mold and reinforced concrete construction work based on design drawings, construction of the mold and steel reinforced construction work, installation and removal of the "stobb" (including all materials necessary for reinforced concrete construction work, such as steel molds, non-stoves, and miscellaneous materials, excluding raw materials, such as steel bars, re-subcontracts): Other matters from May 29, 2012 to July 31, 2012: In principle, personnel expenses shall be paid directly with the consent of the sewage guarantor.

(c).

D with the knowledge that the license for the relevant subdivision works is necessary for the instant sub-subcontracts, D agreed to perform the instant sub-subcontracts under the name of the relevant sub-subcontracts Construction Co., Ltd. (hereinafter referred to as “fluorites”) with the relevant license for the relevant sub-subcontracts. On June 7, 2012, a contract for the use and lease of temporary materials necessary for the instant sub-subcontracts (hereinafter referred to as “instant lease contract”) was concluded between the Plaintiff and the glusiansians and the Plaintiff: the contract amount: 33,900,000,000 won: the contract amount from June 7, 2012 to September 20, 2012: the due date: the down payment amount,50,000 won on June 11, 2012; the intermediate payment15,000,0000 won on July 16, 2012; each remainder payment was made.

The main contents of the instant lease agreement are as follows.

At the time of the conclusion of the instant lease agreement, the Defendant’s three comprehensive development is the instant lease agreement.

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