logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.08 2016나2042884
청구이의
Text

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

As to the plaintiff of the defendant Bocheon-gu Construction Corporation.

Reasons

1. Basic facts

A. The parties’ status and relationship 1) The Plaintiff’s business rebuilding the “A market” located in the 2,333.2m2m2 in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant market reconstruction business”).

For this purpose, on January 10, 200, based on Article 6(2) of the former Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises (amended by Act No. 6639 of Jan. 26, 2002), etc., and obtained authorization from the competent authority for establishment, the “market reconstruction association” under Article 2 subparag. 6 of the said Act (hereinafter “Defendant YY”) was contracted by the Plaintiff as part of the market reconstruction project of this case for the purpose of construction work, etc., and the “construction project for the reconstruction of the main complex building with the size of 3rd and 10 stories above ground (hereinafter “the reconstruction project of this case”).

3) Meanwhile, the United Nations Construction Co., Ltd. (hereinafter “Nju Construction”)

(1) The Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) received each payment order (Seoul Southern District Court No. 2010j506, 2010j507, 207, Seoul Southern District Court 2010j. 506, 2010j. 507) against the Plaintiff, which received a subcontract for the “civil engineering (processing) construction among the instant reconstruction construction works” from Defendant Bocheon-gu, and received the order from

2) On February 19, 2008, the Plaintiff entered into a contract for the instant reconstruction work with Defendant Bocheon-young and the Plaintiff’s contract for the said reconstruction work to contract KRW 13.2 billion (including value-added tax) on the following grounds: (a) the Plaintiff acquired the claim against the Plaintiff under each of the above payment orders against the Plaintiff; and (b) the Plaintiff acquired the claim against the Plaintiff under each of the above payment orders.

Of them, [A Market Contract Form for Reconstruction Works] Article 1 (Terms and Conditions of Contract) (Terms and Conditions of Contract)

1. Project name of the contractor: A major complex construction project of the A market reconstruction project;

2. Construction site: Within Yangcheon-gu Seoul Metropolitan Government;

3. Scheduled date of commencement: March 5, 2008.

arrow