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(영문) 서울고등법원 2015.11.18 2014나2009937
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On August 17, 201, the Defendant, who entered into a subcontract, was awarded a contract for the instant construction to the household construction (hereinafter “instant construction”) among the construction works for the construction of the two sections of the Namyang city B apartment (hereinafter “instant apartment”) from the Newanan Construction Co., Ltd. (hereinafter “Newan Construction”), and had no ability to directly carry out the instant construction work, but to directly carry out the instant construction work to the Axex Co., Ltd. (hereinafter “Ax”) on February 28, 201, after being awarded a contract for the construction works for the construction of the two sections of the new Section B apartment (hereinafter “instant apartment”). From February 28, 2012 to October 4, 2012, 201, the instant construction was subcontracted with the construction work price of KRW 1,140,000,000 and the construction period of KRW 3/100 per day (hereinafter “the instant subcontract”).

B. The New Bill Construction 1: (a) around 25th day of each month with respect to the instant construction as indicated below 20.1: (b) KRW 885,50,000 in total by issuing an electronic bill from 6th day to 11th day of the following month; (c) KRW 182,60,000 in total; (d) KRW 182,60,600 in total; (e) KRW 182,60,000 in total; and (e) KRW 17.651,40,000 in KRW 0,000; and (e) KRW 20.20,000 in total; and (e) KRW 80,70,000 in total, KRW 170,000 in total; and (e) KRW 80,000 in total, KRW 70,000 in the electronic bill issued on June 7, 2012.

3 Scex shall do the instant construction on September 2012.

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