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(영문) 서울고등법원 2015.10.15 2015나2012916
유체동산인도
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is the first instance court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Korea Land and Housing Corporation, which entered into the instant subcontract and entered into the instant construction project, concluded a contract with the Defendant (D) and a joint contractors of the Korea Land and Housing Corporation (hereinafter referred to as “C3 construction”) for the construction of the instant housing site development project in Gyeyang-gu Seoul Metropolitan Government, with the amount of KRW 48,942,130,000 and the contract period from December 30, 201 to September 9, 2013.

1. Project owner: Korea Land and Housing Corporation;

4. Construction period: Contract amount on September 5, 2013, the date of commencement on February 13, 2012: Value 1,156,00,000 won [Value 1,154,325,000 won (including labor cost of 296,891,130 won)].

6. Payment of the price;

(a) Advance payment: Details and ratio thereof within 15 days from the date the person placing an order receives such advance payment or contract date;

(b) progress payment: At least once a month, within 15 days from the date of receipt of the object, and at least 100 percent in cash;

(1) A direct payment agreement (standard form) on the subcontract price for construction works under the name of the contractor for the three sections of the apartment construction works under the name of the contractor for the three sections of the subcontract, the name of the subcontractor for the construction works under the name of the contractor for the three sections of the apartment construction works under the name of the contractor for the three sections of the subcontract, which is the name of the contractor for the construction works under the name of the contract, within 15 days from the date of adjustment from the

1. Agreement between the Korea Land and Housing Corporation, contractors and subcontractors that the Korea Land and Housing Corporation shall pay directly to subcontractors the subcontract price corresponding to the portion of sewage supplied by the above contractors and subcontractors in accordance with Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry;

2. The Korea Land and Housing Corporation may pay subcontract consideration directly to a subcontractor within the extent of the amount of money that can be paid to the contractor;

3. Method and procedure of the direct payment of the subcontract price;

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