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(영문) 광주고등법원(제주) 2020.09.09 2019나45

공사대금등

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs a reinforced concrete construction business, etc. (the beginning of a party used the trade name "E" and thereafter used the trade name "G" as its representative, which is one of its fraud). The Defendant is a corporation that runs a building business, etc.

B. On August 24, 2016, C Co., Ltd. (hereinafter “C”) entered into a contract between D Association and C Co., Ltd. (hereinafter “C”) determined and contracted from D Association as contract amounting to KRW 4 billion (including value-added tax) with the construction work of the facility for the treatment of fishery products from D Association (hereinafter “instant storage facility”) on the land outside H and two parcels of land at Jeju-si (hereinafter “instant storage facility”).

(hereinafter “instant contract”). (c)

On December 10, 2016, C entered into a subcontract between C and the Defendant with a view to having the Defendant manage the entire construction of the instant case (specificly, the obligation corresponding to the instant contract, the joint and several liability for performance, including repair of defects, the payment and management of construction cost, materials, heavy-terms, wages, and joint and several liability for payment of all civil and criminal liabilities and expenses due to non-payment of food, etc.) as the contract price of the construction management contract between C and C and the Defendant was determined as KRW 3,096,000,000,000,000,000,000 from September 30, 2016 to July 29, 2017.

In addition, around that time, C entered into a subcontract with the Defendant during the period from January 16, 2017 to July 29, 2017, with regard to the contract amount of 1,934,492,098 won and the construction work (hereinafter “instant subcontract work”) among the entire construction works of this case.

(hereinafter “instant subcontract”). D.

On December 10, 2016, the Defendant entered into a sub-subcontract between the Defendant and the Plaintiff, between the Plaintiff and the Plaintiff, determined that the contract price of reinforced concrete construction and soil construction (hereinafter “instant construction”) during the instant subcontracted construction is KRW 1.05 billion and the construction period from December 10, 2016 to July 30, 2017.