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(영문) 서울고등법원 2016.03.22 2014나2032661

물품대금

Text

1.The judgment of the first instance shall be modified as follows:

Defendant C Co., Ltd. shall be the Intervenor succeeding to the Plaintiff on 114,053.

Reasons

1. Basic facts

A. From around 2012, KCC Construction Co., Ltd. (hereinafter “KCC Construction”) (hereinafter “KCC Construction”) performed the construction work of F apartment in Kimcheon-si, and the construction work of treatment shipbuilding ocean construction Co., Ltd. (hereinafter “treatment shipbuilding construction”) in Ulsan G, and the construction work of Masco Construction (hereinafter “Masco Construction”) in Ulsan G, Inc. (hereinafter “Masco Construction”).

(hereinafter referred to as “each construction site of this case.” At that time, KCC Construction, Treatment Lighting Construction, Masco Construction refers to a large-scale string which, from the construction site of this case to the Young Engineering Co., Ltd. (hereinafter referred to as “Yero Engineering”), is made with the outer wall cryp and galplate cryp from the outside wall cryp of the same structure as the outer wall cryp and the outer wall cryp of the same height apartment.

Here, the term "chage" means a part, other than the external wall sphere part of a pit pumps, which is installed to safely carry out the installation and dismantling work of a cryp, follow-up remains, and sphering work, etc.

Cases are upper and lower cases.

The term "second unit" means the two unit's work orders of the upper part used for the installation and dismantling of a string, among the four unit's work parts of the pit pumps, and refers to the bottom's work orders of the lower part used for the string work and the bottom's work orders of the lower part.

The contract to be supplied was concluded.

B. In around 2012, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) engaged in steel products wholesale retail business entered into a contract to supply pit pumps, etc. at each of the construction sites of this case by applying the following unit price to the Young Engineering:

The Ulsan Construction Site: 126,198 won per 1 kilometer of pit pumps (pit pumps, Brackers, Brackers, assembly cost, upper portion (the fourth part and the fourth part).