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(영문) 서울고등법원 2014.12.12 2014나18324
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 2, 2010, D and Dongjak-gu Seoul Metropolitan Government E building extension and remodeling construction (hereinafter “instant construction”) entered into a contract with D to carry out the instant construction work at KRW 970 million. D will carry out the instant construction work through the F Co., Ltd. (hereinafter “F”). On May 3, 2010, the Defendants subcontracted a considerable portion of the instant construction work to G Co., Ltd (hereinafter “G”) in the name of F, Ltd. (hereinafter “G”) for the construction cost of KRW 70 million.

B. Since June 30, 2010, the Plaintiff continued construction by re-subcontracting the building part of the instant construction work from G for several times.

C. On December 6, 2010 and March 31, 2011, G and F have waived and suspended each of the instant construction works, and the Defendants directly performed and completed the construction work from April 201 to April 201.

In the process, the Plaintiff entered into a direct contract with the Defendants, and performed part of the stone construction work among the instant construction works.

The Defendants decided to directly operate the instant construction work from April 201 to April 30, 2011, and the same year to the Plaintiff.

6. 14.3 million won, and the same year.

6. 18.2 million won, and the same year.

7.4. 2 million won, and the same year;

9.8.1 million won was paid for each of the construction costs.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 (including each number in the case of additional evidence), the purport of the whole pleadings

2. On January 31, 201, the Plaintiff filed a claim for the remainder of KRW 119,470,000 as well as damages for delay, deducting the Plaintiff’s receipt of KRW 32,50,000,00,000, out of the total construction cost under a direct contract entered into with the Defendants on April 201 and the total construction cost under a direct contract entered into with the Defendants, and thereafter, KRW 15,19,000,000,000,000,000,000 with the Defendants.

Then, the plaintiff is against the above part of the loss.

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