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(영문) 서울고등법원 2016.12.06 2015나25961

공사대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. MNB Mono Nitro Benze in the defendant's factory located in C when the party's status is met: a chemical used as a raw material, such as shotra, etc., of building materials and home appliances, synthetic timber, packing materials, artificial leather, etc.

To make a synthetic Manomenia.

With respect to the construction of the Pse-Ⅱ factory facilities (hereinafter “the prime contract construction of this case”), the Defendant is the “project owner” as prescribed by the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and D(hereinafter “D”) is the “original business owner” as prescribed by the same Act. The Plaintiff is a company that became the “contractor” as prescribed by the same Act by being entrusted part of the said construction with construction from D.

B. On January 30, 2012, D entered into and completed the construction agreement between the Plaintiff and D with the Defendant on the date of the mechanical completion of the instant prime contract during the construction period (only on the condition that the completion of construction for early operation is completed until August 15, 2012), and the construction price is KRW 13,629,000,000 (including value-added tax). (hereinafter “the instant prime contract”).

The main contents of the contract are as follows. [The contract of this case] According to the summary (Omission) of Article 1, the contractor shall faithfully perform the work related to the business management for the project, the review of basic plans, detailed design, supply of machinery and materials, construction works, preeld Engine, support for trial operation, confirmation of Licsor Exedling, Blasscirregine's support on behalf of the business owner, physical records with Licsor, the execution of basic plans for the contractor, the contractor's supply machinery and materials related thereto, and the acquisition of all relevant authorizations and permissions (hereinafter the contractor of Article 3 is required for the most efficient, economical, and safe factory construction project.