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(영문) 서울고등법원 2017.04.19 2015나2017843
공사대금
Text

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

The defendant shall pay to the plaintiff KRW 616,913,108 and KRW 486,719,413.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The defendant and the Handong Construction Co., Ltd. (hereinafter referred to as the “ Handong-Jin Construction”)

(A) The Defendant entered into a contract and an amendment agreement as indicated below with respect to the construction work of the new construction work of a small-to-low-ground-to-low-water plant (hereinafter “new construction work of this case”) on the land in the Gyeonggi-si and the Gyeonggi-si (the change of the name of the administrative district after the operation of the administrative district), which is the small-to-under ground-to-low-water plant (hereinafter “the construction work of this case”).

(hereinafter referred to as the “contract” by the sequences, and all of them are referred to as the “each of the instant contracts”. The same applies to the contract date of the instant contract, including the value-added tax, and to the extent that there is no separate reference.

On April 1, 2009, 3,600,000 won through October 31, 2009 from March 20, 2009 to October 31, 2009, 200, and 1,485,000 won through July 1, 2009 to October 30, 209, the subcontract agreement of this case was concluded between 1,485,00,000 won and 2 until October 30, 209 with the Plaintiff, including the 6,45,000,000 won through April 30, 200, and the 5th subcontract agreement of this case from March 20, 209 to April 30, 200 to 30, 205.

As of October 7, 2009, the subcontract for landscaping works among the new construction works in this case from October 7, 2009 to November 20, 2009.

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