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(영문) 부산고등법원 2015.07.09 2014나3146
공사대금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) Co., Ltd. (hereinafter “C”) (hereinafter “C”)

on April 20, 2010, F Co., Ltd. (hereinafter “F”)

B) Between Busan Shipping Daegu D Co., Ltd. (hereinafter referred to as “instant land”).

2) The construction of a new complex shop (hereinafter referred to as “instant construction”)

(i) 4,762,00,000 won (excluding value-added tax; hereinafter the same shall apply) for the cost of construction;

(2) On May 13, 2010, F entered into a construction contract between the Plaintiff and the Plaintiff on April 14, 2010 to June 30, 201 (hereinafter “instant subcontract”) with the period of construction fixed from April 30, 201 to June 30, 201.

3) On June 23, 2010, the Plaintiff is a Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “Co., Ltd.”)

4) The Plaintiff concluded a construction contract for re-subcontracting with the construction cost of KRW 272,00,000 for household facilities and soil works, and the construction period from June 23, 2010 to September 30, 2010.

5) C and F each of the following descriptions to the Plaintiff around 2011 (hereinafter “instant notes”).

A) C and F have prepared and delivered the instant construction. During the instant construction, the Plaintiff and the Plaintiff subcontracted the instant construction, and the Plaintiff completed underground household facilities and soil construction according to the contract. However, C and F are responsible for all civil and criminal responsibilities arising in the future, such as changes in the ground, adjacent building damages, and delay losses, due to the discontinuance of construction, since the underground structure (in spite of the immediate construction of steel reinforced concrete construction, the steel reinforced concrete construction should be carried out as soon as possible) was completed after the completion of the construction of underground base.

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