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(영문) 서울고등법원 2015.01.23 2014나16250
물품대금
Text

1. The appeal by the plaintiff (appointed party) and the main claim added at the trial and the conjunctive claim are all dismissed.

Reasons

1. Basic facts

A. 1) E Co., Ltd. (hereinafter “E”) which is a construction company, such as machinery and fire-fighting equipment, etc.

on March 2, 2012, 2012 (hereinafter referred to as “this”) is a public corporation.

(C) As to the construction of the G curriculum in the 100-year period from Seodaemun-gu Seoul, Seoul, the construction of the G curriculum (hereinafter “G curriculum installation”)

(2) On July 20, 2012, the Seoul Seodaemun-gu Fire Fighting System Installation Business Act (including value-added tax), the construction period of which was set at KRW 1,600,500 (including value-added tax) and the period of construction from March 2, 2012 to June 30, 2013, E (mechanic) reported the commencement of fire-fighting system installation works of the G church to the chief of the Seoul Seodaemun-gu fire station in accordance with the Fire Fighting System Installation Business Act.

3) When E was unable to continue construction due to difficulties in managing the company while carrying out the G principal’s installation works, it agreed on December 17, 2012 to reduce the amount of KRW 126,500,000 between E and E as a result of the settlement of accounts for the G principal’s installation works (hereinafter referred to as “other agreement on December 17, 2012”).

(4) On December 17, 2012, the Defendant contracted the construction work with respect to the portion of the G Educational Association’s non-construction among the parts of the G Educational Association’s construction work, with the construction cost of KRW 1,474,00,000 (including value-added tax) and the construction period from December 27, 2012 to June 30, 2013.

5) On May 1, 2013, the Defendant: (a) literary electricity Co., Ltd. (hereinafter referred to as “literture electricity”)

(6) On August 19, 2013, the door-to-door electricity and the follow-up labor system submitted a written waiver of construction, stating that the mechanical construction business operator of the G church’s fire-fighting system was changed from E to the door-to-door electricity. On April 2013, 2013, the door-to-door electricity and the follow-up labor system applied for a complete fire-fighting system installation inspection of the G church to the chief of Seodaemun-gu fire station and received a written completion inspection certificate.

7 During February 8, 2013 to January 28, 2014, 976,973,870 won, which is a part of the construction price, to the defendant;

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