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(영문) 서울고등법원 2015.09.09 2015나3299
하도급대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Witness A" in Part 2, Part 9, and Part 4, Part 20 of the judgment of the court of first instance shall be read as "Witness A of the court of first instance"; "No. 1, 6" in Part 4, Paragraph 20 as "each entry in the evidence No. 1, No. 1, and No. 5 as "the time limit"; and "the time limit for admission" in Part 6, as the reasons for the judgment of the court of first instance are as follows; therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, from the standpoint of the Plaintiff, the main interest is as to whether the two-way construction could normally settle the electronic bills paid as subcontract consideration to the subcontractor. As such, the term “the completion of the measures to normalize the company” in the instant provision refers to the situation in which the two-way construction would improve the financial structure and ensure cash liquidity so that the two-way construction would normally settle the electronic bills paid to the subcontractor. (1) The two-way construction can be deemed to have been made capable of normally settling the electronic bills paid to the subcontractor by converting into equity and receiving new funds due to the instant performance agreement (i.e., the debt payment to the Military Mutual Aid Association after the instant implementation agreement, etc., which led to the commencement of the rehabilitation procedures for the two-way construction, but this is merely a kind of implementation agreement after the conclusion of the instant implementation agreement).

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