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(영문) 부산고등법원 2016.11.23 2016나851
공사대금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for the dismissal or addition of the following items of the judgment of the court of first instance, and thus, it is consistent with the reasoning for the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the

Each "Witness" of not more than 5 pages 4 shall be deemed to be a "Witness of the First Instance", and each "Expert" of not more than 6 pages 6 shall be deemed to be an "Expert of the First Instance".

Under the 5th page, the part "(1)" of the 4th line shall be dried together with the following part:

(1) (1) The Act on the Subcontract (amended by Act No. 10475, Mar. 29, 201; hereinafter the same applies)

(2) The concept of “original business operator” under Article 2(2) is ① a business operator, other than a small and medium business operator, who entrusts a small and medium business operator with manufacturing, etc., or ② a small and medium business operator, whose annual sales or number of regular employees in the immediately preceding business year are entrusted with manufacturing, etc. (where there is no annual sales,

(i) Any small and medium entrepreneur with more than the number of his/her employees who has entrusted such other small and medium entrepreneur with manufacturing, etc. (Provided, That any small and medium entrepreneur whose annual sales are determined by Presidential Decree

Article 2(3) of the Subcontract Act provides that “A subcontractor” means a small and medium entrepreneur who is entrusted with manufacturing, etc. by a principal contractor under any subparagraph of paragraph (2).”

In light of the overall purport of the pleadings, Defendant A’s revenue and total assets for the business year from 2010 to 2012, and Plaintiff’s annual sales for the business year from the time of concluding the instant subcontract, and Defendant A and the Plaintiff’s annual sales for the business year of 2010, which are the immediately preceding business year when the instant subcontract was concluded.

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