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(영문) 서울고등법원 2018.05.15 2017나2065259
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status and relationship, etc. 1) A market reconstruction project located in Yangcheon-gu Seoul Metropolitan Government C large 2333m2m2 (hereinafter “instant market reconstruction project”).

On January 10, 200, based on Article 6(2) of the former Act on Special Measures for Supporting the Structural Improvement and Managerial Stabilization of Small and Medium Enterprises (repealed by Act No. 6639, Jan. 26, 2002), etc., the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) was awarded a contract from the Plaintiff for the “construction work” as part of the market reconstruction project of this case for the purpose of building construction work, etc.

3) The United Nations Construction Co., Ltd. (hereinafter “UNCLOS”)

(2) On February 19, 2008, the Plaintiff entered into a contract with the supplementary intervenor on February 19, 2008 and the supplementary intervenor on February 19, 2008, for the purpose of civil engineering work, etc., which had been subcontracted by the supplementary intervenor, and applied for each payment order as stated in the purport of “the content of seeking direct payment, etc. of subcontract consideration against the Plaintiff.” The Defendant received the claim against the Plaintiff under the above payment order from the UN Construction, and received the transfer of the claim against the Plaintiff on each of the above payment orders.

2) Of the terms and conditions of the contract made at the time, the key parts relevant to this case are:

1. Project name of the contractor: A project to create a major complex of a project for reconstruction of the A market;

2. Construction site: within Yangcheon-gu Seoul Metropolitan Government 3.3.

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