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(영문) 서울중앙지방법원 2018.05.29 2017나44376
보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) Construction subcontract agreement 1) Construction Co., Ltd. and Defendant Flaz Integrated Construction Co., Ltd. (trade name after alteration: Esa Industry Development Co., Ltd.; hereinafter “Fla”)

(2) On December 15, 2010, the City Environment Improvement Association of the City Environment Improvement Association of the City Environment Improvement Association of the City Environment Improvement Association of the City Environment Improvement Association of the City (hereinafter “instant Association”).

(2) The construction project for the construction of an apartment complex on the land (hereinafter referred to as the “Umsan-dong construction project”) on the land (178-52 and 36 parcels of land (hereinafter referred to as the “Umsan-dong construction project”).

(A) A contracting party, on June 15, 201, the steel framed Corporation (hereinafter “instant steel framed Corporation”).

(2) On the other hand, the Defendant and the Plaintiff entered into a contract for the construction of the instant steel structure design and on-site consulting services (hereinafter “instant design services”) between the Plaintiff and the Plaintiff on August 18, 2011, setting the service period from August 18, 201 to the end of the STD construction, and at the end of the 150,000,000 won (value-added tax separate), on the other hand, 50% of the service payment was completed until September 201, 201, and 10% of the service payment was paid until September 201, 201, until December 12, 2011, and 10% of the remainder.

Accordingly, on September 201, the Defendant paid the Plaintiff KRW 75,00,000 and its value-added tax of KRW 7,500,000, equivalent to 50% of the above service costs.

B. On December 31, 2011, the damages lawsuit between Flag and Flag and the Defendant, and the lawsuit between the Defendant and Flag for the payment of steel framed Construction Costs had been filed. On August 22, 2012, Flag filed a lawsuit against the Plaintiff and the Defendant seeking payment of KRW 600,000,000 for damages due to the instant collapse accident (the U.S. District Court High Court Decision 2012Gahap8420, hereinafter “instant damages lawsuit”).

In light of the above legal principles, the Defendant’s ground of appeal on June 3, 2013 is dismissed.

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