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(영문) 서울고등법원 2018.11.14 2017나2068128
공사비채무부존재확인 등
Text

1. The Plaintiff (Counterclaim Defendant) Company A and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties and the conclusion of the subcontract (i.e., Plaintiff A (hereinafter “Plaintiff A”) are corporations established for the purpose of building construction business, etc., Plaintiff B is the representative director of Plaintiff A, and the Defendant is a corporation established for the purpose of manufacturing construction business such as windows, hardwares, etc.

B. On September 14, 2012, Plaintiff A entered into a contract with the Defendant with the content that the Defendant will perform the construction work of metal, windows, and glass construction (including value-added tax) from March 25, 2012 to March 31, 2013, among the new construction works of Ftel in Young-gu, Young-gu, Suwon-gu, where Plaintiff A is performing the construction work (hereinafter “instant subcontract agreement”).

Matters of special agreement

1. The approval of 60 days after the request for the issuance of a letter made once a month;

b. 3. D apartment 106, 1703, 1703, 4. Complex board 4T [75T short heat (tension 1)] factory manufacturing terms; 5. Out of stairs column: Craing system column (including safety turine).

6. On-sites shall proceed simultaneously with internal and external finishings at the site of shortage of air.

b.7. 7. The AL-BAR is included in the construction of 3 COA T-BAR at the time of pressing construction on August 8, 148, 200, 60 = 248EA, 600 x 600 x 1,000 = 148EA, and is included in the construction of 14EA-LA-BAR at the time of pressing construction on September 10, including 10. 10. The construction of 14EA-LV PIT at the time of non-powered absorption and 14EA-LV PIT 2. On November 11, 200, the use of the cater under the decommissioning equipment (this ststst and lstre), including the following details of the subcontract agreement:

B. (i) The Plaintiff A is owned by the Defendant on September 14, 2012, which was at the time of the instant F subcontract, and owned by the Plaintiff B, the representative director of the said Plaintiff.

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