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(영문) 서울고등법원 2016.06.10 2013나2742

공사대금

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is a company whose main business purpose is civil engineering, construction, etc., and prepares a subcontract agreement (hereinafter “instant subcontract agreement”) with respect to the subcontractor B, B, from August 11, 2009 to August 22, 201, with respect to the soil and structure construction work (hereinafter “instant construction work”) among D-E (2 Sections) road expansion and packing work contracted by the construction headquarters of Gyeonggi-do and the subcontractor of D-E (hereinafter “C”).

A contractor for the subcontract of this case is indicated as the "Defendant (80% of the shares)" and the "Large Heung Construction Co., Ltd. (20% of the shares)".

B. On September 2009, the Plaintiff issued and delivered to C a written confirmation (other than wages and tax invoices) stating that “I will be held responsible for any tax disadvantage or other problem at the National Tax Service and a public institution on September 9, 2009 (hereinafter “written confirmation of September 2009”), and attached a written confirmation of the claim for the flag of September 2009 to the instant written confirmation of September 2009.

Even around October 2009, November 2009, and December 2009, the Plaintiff: (a) to C a written confirmation with the same content as the written confirmation of September 2009 of this case; (b) “this case’s written confirmation of October 2009; and (c)” as the instant written confirmation of November 2009.

each written confirmation was prepared and delivered, and each written confirmation was attached to each written confirmation on October 2009, November 2009, and December 2009.

hereinafter referred to as the "written confirmation of this case" is referred to as the "written confirmation of this case," respectively, as the September 2009, October 2009, November 2009, and December 2009, respectively.

(c) C. Upon receipt of each of the instant certificates issued by the Plaintiff on September 2009 and October 2009, C respectively, with respect to the construction cost as of September 2009 and December 2009, with respect to the construction cost as of September 20, 2009.