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(영문) 광주고등법원 2015.03.27 2014나10969
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The fact of recognition is that the Plaintiff is engaged in electrical construction business, sales of electrical equipment and materials and supply business at the front-nam school, and the Defendant is a company engaged in civil engineering and construction business at the Supo-si, Jeonpo-si.

On November 6, 2009, the Defendant of the Friju Construction Corporation in A entered into a contract for the construction of a Friju station in Gwangju Mine-gu, etc. (hereinafter referred to as “A”) with the contract amount of KRW 991,870,000 and the construction period from November 9, 2009 to March 31, 201.

On November 1, 2009, the Plaintiff entered into a subcontract with B, who is referred to as the Defendant’s director and the site director, and completed the subcontract with the Plaintiff at KRW 34,480,00 of the cost of the electrical construction, telecommunication and fire fighting work (i.e., electrical construction of KRW 23,840,000, KRW 6,670,000, KRW 3,970,00).

C Retail stores and the Free Trade Organization: (a) around April 2010, the Defendant received a contract from H for the 166,210,000 won of the contract price and the period of construction from April 19, 2010 to June 20, 2010, for the Seoul Northern-gu Seoul Residential Facility and Storage Expansion Corporation (hereinafter “C Corporation”).

On or around April 6, 2010, the Plaintiff entered into a subcontract with the Defendant to receive a total of 45,033,438 won [20,232,606 won for the Electrical Construction, Telecommunications and Fire-Fighting Work” [24,80,832 won for the retail store work of KRW 6,541,62 won for the Electrical Construction Work of KRW 9,430,984 and KRW 6,260,00 for the Telecommunications Work of KRW 4,260 for the 24,80,832 won for the Electrical Construction Work of KRW 17,935,986, KRW 5,204,846 for the Telecommunications Work of KRW 1,60,00 for the Fire-Fighting Work of KRW 17,935,986)], and completed the subcontract

Around November 30, 2010, the Defendant received a contract from the Gwangju-gu Incheon-gu Foundation for Maintenance of Gwangju-do Educational Center and the Sungdong-dong Maintenance and Repair Corporation (hereinafter “D Corporation”) for the contract amount of KRW 286,550,000, and the construction period from December 12, 2010 to June 12, 201.

The plaintiff around December 2010 is as above B.

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