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(영문) 서울고등법원 2015.10.14 2015나8874
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Presumed factual basis

A. 1) The Defendant “construction of facilities for the treatment of excreta and food and waste (hereinafter “construction of the instant treatment facilities”)” and among them, “the instant facilities for the treatment of excreta” and “the instant facilities for the treatment of food and waste” are “the instant facilities for the treatment of excreta.”

2) The Plaintiffs and Seongdong Construction Industry Co., Ltd. (hereinafter referred to as the “Sew Co., Ltd.”), along with the Plaintiffs and Seongdong Construction Industry (hereinafter referred to as the “Plaintiff, etc.”) are the starting construction of the instant treatment facilities construction.

3) On March 21, 2005, the Defendant’s Intervenor and the Defendant’s Intervenor, Inc., Ltd., changed their trade name from gold Engineering Co., Ltd. to that of the same subparagraph (hereinafter “Dongho”), and the Defendant’s Intervenor and the Defendant’s Intervenor together with the instant designer.

(4) The same engineering corporation (hereinafter “Dong Engineering”) and the Korea Comprehensive Technology Corporation (hereinafter “Korea Comprehensive Technology”). The same engineering and the Korea Comprehensive Technology Corporation (hereinafter “Korea Comprehensive Technology”), together with the design of the Treatment Facilities Corporation, are the supervisors of the Treatment Facilities Corporation.

B. The construction of the instant treatment facilities, outlined as the construction of the instant treatment facilities, refers to the construction of excreta and food waste disposal facilities of 20,278,00,000 square meters in total for the disposal of excreta and food waste discharged from luminous cities, with the total project cost of KRW 20,278,00,000 in luminous-dong 533,534-1 large 4,998 square meters in total floor area on 2,754.7 square meters in total

C. 1) On October 27, 2003, the Defendant announced the instant treatment facility construction through the Seoul Local Government Procurement Service, and selected the Plaintiff, etc., who participated in the tender by organizing a joint supply and demand organization, as the contracting parties. On December 12, 2003, the contract for the instant treatment facility construction with the Plaintiff, etc. (hereinafter “instant contract”).

and thereafter, this paragraph has been concluded.

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