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(영문) 서울고등법원 2015.01.15 2013나77890
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

Defendant KSS Co., Ltd. is 276,617,337 won and 276.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is the contractor of the construction works replacing the total of two of the old air waste steam boiler boilers (hereinafter “instant construction works”) in the business place of the Defendant KWS Co., Ltd. (hereinafter “Defendant K”), which is located in Sinsi-si, Sinsi-dong 1235-7. The business operator running the waste disposal business, who is the owner of the instant construction works for energy saving, and the Defendant Energy Management Technology Co., Ltd. (hereinafter “Defendant Energy Management Technology Co., Ltd.”) re-subcontracts the instant construction works to the Plaintiff upon receiving a contract from Defendant K, and the Plaintiff’s assistant re-subcontracts the instant construction works from the Plaintiff.

B. On May 1, 2010, Defendant K and the Plaintiff concluded a contract on May 1, 2010 with the Plaintiff (hereinafter “Defendant K”) Korea CoCo service Korea Co., Ltd. (i.e., trade name was changed to Defendant K, regardless of whether it was before or after the mutual change; hereinafter the same shall apply) agreed on May 1, 2010 to the Plaintiff for construction cost of KRW 5,885,00,000 (including value-added tax) and from May 1, 2010 to February 28, 201.

(hereinafter “Agreement on May 1, 2010”). (c)

1) On July 9, 2010, in order to obtain a subsidy for the rationalization of the energy utilization from the Energy Management Corporation (enterprise specialized in energy saving), the contract of this case and the subcontract of this case and the contract of energy saving performance guarantee (hereinafter referred to as the "contract of this case") with the Defendant Energy Management Technology, the enterprise specialized in energy saving, for the purpose of being provided with the Energy Management Fund with the funds for the rationalization of energy utilization.

(2) The Defendant’s energy management technology will be extended to the Plaintiff on July 13, 2010, with the period of construction from July 15, 2010 to February 28, 201 (the total period of business is up to February 28, 2013, including the performance guarantee period).

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