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(영문) 서울남부지방법원 2015.12.18 2015나55668
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) Conclusion of a subcontract, supply contract, etc. 1) Fulra Construction and Pururcom Co., Ltd. (hereinafter “Fulra Construction”) for the primary contractual rehabilitation obligor between Pulra Construction and Pururcom

Around September 2012, a party awarded a contract for the main facility construction (2012-2006) ordered by the Armed Forces Finance Management Body. A party awarded a contract for the main facility construction (hereinafter referred to as the “sururcom”).

A) On July 26, 2013, an information and communications construction project (hereinafter referred to as “instant construction project”) among the aforementioned construction projects conducted by the Ulsan Construction Division.

(A) A contract to accept a subcontract for construction cost of KRW 4.87 billion (including value-added tax) and for the construction period from July 26, 2013 to March 22, 2014 (hereinafter “first contract”).

(2) The amount of the construction cost paid by the Armed Forces Finance Co., Ltd. shall be the joint account opened in the name of Ulsan Construction and the Commissioncom (hereinafter referred to as “instant joint account”).

(2) On August 1, 2013, the Defendant entered into an agreement to be paid as a payment. 2) On the part of the Defendant, the Defendant entered into the instant construction project with the Vurscom, and was liable for all the instant construction works. The Purscom is the amount equivalent to KRW 4.62,935,00,000, the construction price of which is KRW 4.877,000,000 under the first contract.

A subcontract (hereinafter referred to as “second-party contract”) was entered into with which the payment shall be made.

3) The Defendant under the third contract between the Defendant and E, after entering into the second contract, shall subcontract the contract between E and E, which covers 90% of the total construction cost as the subcontract price for the instant construction work (hereinafter “third contract”).

(4) On December 24, 2013, the Defendant entered into a contract with the Defendant to supply the network equipment for the instant construction (hereinafter “instant equipment”) to the Defendant (including value-added tax) at KRW 1,098,975,900 (hereinafter “instant supply contract”) with the Orsnet Co., Ltd. (hereinafter “Osnet”).

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