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(영문) 서울고등법원 2017.06.14 2016나2035725
자재인도
Text

1. The judgment of the court of first instance, including the claim of the principal lawsuit altered in the trial and the counterclaim expanded in the trial court, is as follows.

Reasons

1. Basic facts

A. On February 15, 2011, the Defendant concluded a contract for construction works (including value-added tax) with each of the joint contractors (hereinafter referred to as “joint contractors”) comprised of Samsung C&T Co., Ltd. (hereinafter referred to as “T&T”) from February 15, 201 to December 15, 2012, with respect to construction works on the ground of Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter referred to as “T&T”) at KRW 18.31 billion (including value-added tax) and the construction period from February 15, 201 to December 15, 2012.

(hereinafter referred to as “instant manufacturing work” and the said construction work contract is called “instant manufacturing work contract” (hereinafter referred to as “instant manufacturing work contract”).

On March 15, 2011, the Plaintiff entered into a construction contract (hereinafter “instant new construction contract”) with respect to the new construction work on the ground (hereinafter “instant temporary work site”) on the land (hereinafter “this case’s new construction work site”) on the land at the site of the Defendant and the Defendant, which is the site of the instant construction work. At the bottom of the contract, the term “materials BY-BACK Recovery Conditions” (hereinafter “instant special contract”) was stipulated as follows.

Since then, the Plaintiff procured the attached list materials (hereinafter “instant materials”) and completed the temporary office of this case, and delivered them to the Defendant by April 30, 201.

Standard Form of Construction Subcontract (A. 1 Certificate)

1. A person placing an order: (A) Aducing enterprises;

2. Subcontractors: (B) A new company which holds a merger plan.

4. Name of construction: Temporary office;

5. Place of construction: Jeju site ( Address: Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-do).

6. Period of construction: April 30, 201, as of the completion of construction on March 15, 2011.

7. Contract amount: The supply price of KRW 275,00,000 in daily gold (275,000,000): The value-added tax of KRW 250,000 in daily gold (250,000): the price of KRW 25,000 in daily gold (25,00,000 in daily gold) materials BUY-BCK recovery terms (the construction period of the ordering person).

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