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(영문) 대전고등법원 2018.10.24 2018나10942
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. On December 200, the Defendant and D entered into a partnership agreement with the content that they will invest capital in each 1/2 of E and four parcels on the ground (the name was changed to “G”; hereinafter the “instant database”) from Asan-si and four parcels, and will operate the trading hole business by registering D as its representative.

B. On August 6, 2013, the Defendant and D entered into a contract with a limited liability company (hereinafter “Yanju Construction Industry”) under which the construction cost of the instant construction project with respect to the instant construction project for the extension and the interior interior interior interior interior of trading (hereinafter “instant construction project”) was KRW 5 billion (excluding value-added tax) and the construction period from September 13, 2013 to January 30, 2014, respectively.

C. After the said contract, the Daicheon Construction Industry entered into a subcontract with the Plaintiffs on the condition that the construction cost for electricity and telecommunications works among the instant construction works shall be KRW 270 million (excluding value-added tax) and subcontracted (hereinafter “instant subcontract”).

The subcontract of this case is accompanied by the following special terms and conditions, and the principal contractor's construction industry, the subcontractor, the plaintiffs, the executing company D, and the defendant's seal.

1.The terms of the special agreement shall prevail over this Agreement.

2. All the construction works shall progress according to the direction of the contractor.

3. The settlement of construction costs shall be made directly with the executor;

Afterward, on October 15, 2013, the Jeju Construction Industry agreed with the Defendant and D to suspend the instant futures construction and to receive only personnel expenses incurred until the time of the suspension, and renounced the said construction.

E. On October 23, 2013, the Defendant and D paid the construction cost as to the instant construction project, excluding parts of electricity and communication works, machinery and equipment works, and fire-fighting equipment works, among the instant construction works, between the instant construction project and the instant construction project.

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