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(영문) 서울고등법원 2021.01.20 2017나2059155
공사대금
Text

The judgment of the first instance is revoked, and all of the plaintiffs' claims are dismissed.

The plaintiffs' total cost of litigation.

Reasons

1. The reasons for this part of the underlying facts are as follows, the reasoning for this court is as follows: (a) the first part of the reasoning of the judgment of the court of first instance (from No. 3 of the judgment of the court of first instance to No. 10 of the judgment below to No. 6 of the judgment below) is the same as the second part of the judgment of the court of first instance (from No. 3 of the judgment of the court of first instance to No. 6 of the judgment below

6 Pursuant to Paragraph 1(b) of Section 4 of the first instance court judgment, the 6th parallel "No. 4, 2014.11.11.11." shall be applied.

Part 6 of the judgment of the first instance court [founded grounds for recognition] add “A evidence Nos. 3, 4, 6, 9, and 5” to the column.

2. The reasoning for this part of the claim by the parties is as follows: (a) the part of the first instance judgment No. 2-A (the first instance judgment No. 6) is identical to the previous part of the second instance judgment (the first instance judgment No. 7 to 8, 1). Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. The preliminary issues of the instant case are whether the Defendant can settle the health insurance premiums after the fact.

(1) Article 22 of the former Framework Act on the Construction Industry (amended by Act No. 8477 of May 17, 2007) provides that "The party to a contract for construction works shall specify the amount of expenses to be borne by a constructor in relation to the construction works, such as insurance premiums under the Employment Insurance and Industrial Accident Compensation Insurance Act, national pension insurance premiums under the National Pension Act, health insurance premiums under the National Health Insurance Act, etc., in a written statement on the calculation of the contract amount of the construction works, as prescribed by Presidential Decree.

“.......”

According to delegation, Article 26-2 of the former Enforcement Decree of the Construction Industry Act (amended by Presidential Decree No. 20488 of Dec. 28, 2007) provides that "The party to a contract for construction works shall specify the costs of the construction works, such as insurance premiums, in a statement on the details of the contract price calculation according to the standards determined and publicly notified by the Minister of Construction and Transportation.

“.....”

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