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(영문) 서울고등법원 2020.11.20 2019나2057962

공사대금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a construction business operator specializing in the construction of solid containers in semiconductor factories, etc., and the Defendant is a company holding a license for solid containers.

B. 1) The Defendant entered into a subcontract between the Defendant and G Co., Ltd. (hereinafter “G”) as indicated in the following table:

from the Corporation to the Corporation (hereinafter referred to as the “instant E Corporation”)

(3) The Corporation (hereinafter referred to as the “Asan Corporation”) shall be

) Of Francing, the Calking Corporation (hereinafter referred to as “instant Palking Corporation”).

(2) On July 20, 2015, Defendant G Co., Ltd. of the instant E company G of the instant E company, which was awarded a subcontract for each construction project (hereinafter referred to as “each of the instant construction works”), on March 20, 2017, Defendant H Co., Ltd. G of the instant H company H company of the H company of the instant H company, which was awarded a subcontract for each construction project (hereinafter referred to as “the instant construction works”).

2) G (2) On the 26th day of each month, G issued a tax invoice to the Defendant after setting the amount of the base payment for the said month, and paid the amount of the final payment to the Defendant by the fifth day of the following month.

3) The initial cost of each of the instant construction works for which each month has been confirmed is indicated in the attached Table. C. The Plaintiff concluded a construction contract between the Plaintiff and the Defendant and the Defendant and the Defendant 1) The Plaintiff performed each of the instant construction works by bearing the construction cost between the Defendant and the Plaintiff, and the Defendant agreed to pay part of the initial cost received from G to the Plaintiff as the construction cost on the 10th of each month.

(hereinafter “each of the instant construction contracts”). In the case of the instant E Corporation, the first Company I concluded the construction contract with the Defendant, and thereafter the Plaintiff acquired the contract from I and continued construction from December 2015.

2) The Plaintiff carried out each of the instant construction works only until December 2017, and the Defendant directly carried out each of the instant construction works. Then, the Defendant directly carried out each of the instant construction works (the fact that there is no dispute over the grounds for recognition, Gap’s 3, 9 through 14, Eul’s 1 through 3, and six.