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(영문) 서울북부지방법원 2014.05.01 2014노52

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) A Co., Ltd. (hereinafter “C”) operated by the Defendant as the representative director as stated in paragraph (1) of the lower judgment.

) On November 201, 201, X Co., Ltd. (hereinafter “X”) is called “X”).

(B) As between Company C, a private oil station affiliated with X Y 24 factories throughout the country, is contracted with the construction of environmental improvement facilities to be installed in the private oil station for its own use, and the construction contract for the construction of environmental improvement facilities to be installed in six places (insult, Onnuri, sult, wal, walan, and sulmat), and on November 7, 201, the victim F Co., Ltd. (hereinafter referred to as “F”).

) As between the two parts, C entered into a subcontract agreement with the victim F on the construction project of the said six parts (as the subcontracted period for the construction project of the dual, Onnuri, Maternal, Maternal, and the construction project of the separation of flowing water and the construction project of the separation of flowing water, C agreed that the dual and Onnuri shall be divided into the primary construction site, and the subcontracted construction cost shall be settled, in accordance with the specifications, and the victim F shall perform the subcontracted construction project; if the dual fails to pass an inspection on the part of the construction project, it shall be repaired without delay, or shall be re-inspected to undergo an inspection on the part of the completed project, and after passing the inspection or completion inspection on the part of the subcontracted construction, C shall be paid the subcontracted construction cost.

C paid the full amount of the subcontract price for the primary construction site to the victim F, and demanded the victim F to repair the defects incurred at the primary construction site. However, the victim F failed to perform his/her duty of repair of the defects, thereby delaying the payment of the subcontract price for the secondary construction site. On the other hand, the victim F, even though he/she urged the victim F to perform his/her duty of repair by expressing his/her intent to pay the remainder of the subcontract price upon the completion of the defect repair work at the integrated construction site, the victim F, was not obligated to perform

C. .