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(영문) 서울고등법원 2017.08.25 2017나1099
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relevant Plaintiff is an individual entrepreneur who runs a construction business under the trade name of “C”, and D is a person who performs the affairs of Do and C, and the Defendant is a company that has a comprehensive construction business license.

B. A contract for construction works was prepared between the Plaintiff, the owner of the building, and the Defendant and the owner of the building involved in the instant case, respectively, and the subcontract was prepared between the Plaintiff and the Defendant, respectively, and the specific contents are as follows:

(The unit of construction cost in the table is the amount excluding Won and value added tax; hereinafter referred to as "each of the instant construction works"; when referring to each of the following construction works, each of the instant construction works shall be referred to as "each of the instant construction works; and when referring to each of the individual construction works, the construction works shall be referred to as "the construction site" as described in the table between the Defendant and the owner of the building and the Defendant, as between the Plaintiff and the owner of the building.

(E) the owner E Co., Ltd. (hereinafter “E”).

(1) On November 2, 201, 201 (No. 3-1), September 2, 201, 201 (A) November 5, 2011, 201, the date of preparation (No. 8-1,000,000 5,000,000 of the total construction cost for all remaining construction works, other than all the construction works, all of the construction works, and the construction work of Yeongdeungpo-gu (hereinafter referred to as “the building of Yeongdeungpo-gu”) shall be newly built from November 2, 2011 to March 31, 2011, to November 10, 2011, to March 31, 2012.

() A building owner H and I’s date (No. 3-2) October 12, 201, 201 (A) November 5, 2011, (A) November 5, 2011; (b) 5, 200,000,000 for all remaining remainder of the entire framework construction works; and (c) 350,000,000 construction period from November 1, 201 to February 31, 2012; and (d) building construction in Mapo-gu, Seoul (hereinafter “the instant building”) shall be newly built on the ground of the building from November 29, 201 to March 31, 2011.

[Attachment] K Co., Ltd. (hereinafter “K”)

(No. 15, 201) November 15, 201, 201 (No. 3-3. Non-existence, etc.)

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