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(영문) 서울고등법원 2017.06.16 2016나2062772
공사대금
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s selective claim against the Defendants added in the trial.

Reasons

1. Basic facts

A. The Plaintiff is a person engaging in the business of interior work business, etc., and the “D” is a company engaging in the business of household production, interior work business, etc.

Defendant B is a director of “D” and a person who has registered his/her business in his/her name on March 26, 2014 with respect to a public corporation under the mutual test of “E”.

Defendant C is a person who actually manages “limited liability company D” and “E”.

B. On January 23, 2015, the Plaintiff entered into a contract with Defendant C to execute construction works, including construction cost of KRW 33,000,000 (including value-added tax) and construction period from January 23, 2015 to March 31, 2015.

At the time of the above construction contract, Defendant C entered “E representative director C” in the orderer column, and affixed the corporate seal impression of “E representative director C” limited company D.

C. On February 26, 2015, the Plaintiff entered into a contract with Defendant C to set the construction cost of KRW 34,562,00 (including value-added tax) and the construction period from February 26, 2015 to March 31, 2015.

At the time of the above construction contract, Defendant C entered “E representative director C” in the orderer column and affixed the corporate seal impression of “D” limited liability company.

On May 12, 2015, the Plaintiff entered into a contract with a limited liability company D and military G model lower-value (including value added tax) to set the construction cost of KRW 131,010,000 for construction work.

E. On May 15, 2015, the Plaintiff concluded a contract with limited liability companies (the contract was drafted after June 15, 2015) to set the construction cost of KRW 130,90,000 (including value-added tax) and the construction period of KRW 130,90,00 (including value-added tax) and the construction period from May 15, 2015 to July 16, 2015.

The above "each construction of this case" is referred to as "each construction of this case" and the above contract is referred to as "each construction of this case".

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