logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.13 2015나28670
각서금
Text

1. The part against the Plaintiff (Counterclaim Defendant) regarding the counterclaim among the judgment of the court of first instance is revoked, and that part is revoked.

Reasons

1. In this paragraph, the principal claim and counterclaim shall be deemed to be filed together.

A. A and the Defendant’s first contract 1) The co-Plaintiff A in the first instance trial, the Plaintiff’s error (hereinafter “A”).

On January 27, 2011, the Defendant entered into an agreement with A on January 27, 201 (the Defendant, without a construction business license, borrowed the name of a regular comprehensive construction corporation.

2) In the instant case, the Plaintiff entered into a contract for the construction of a newly built multi-family house on the ground of land D, E, F, and G with a view to setting the construction cost of KRW 610 million (hereinafter “instant first contract”).

(2) On April 19, 201, the Defendant agreed to increase the construction cost of the instant primary contract in KRW 640 million.

3) A and the Defendant agreed to reduce the construction cost at KRW 610 million again on July 201 (i.e., a regular comprehensive construction company that lent the name of the contractor to the Defendant, and (ii) there was a conflict between the Defendant and a regular comprehensive construction company that lent the name of the contractor and the Defendant, and thereafter, the Defendant leased the name of the Daedi&C Co., Ltd.

On August 31, 201, A agreed to reduce the construction cost by KRW 50 million in lieu of direct installation by A of TV, cooling, computers, laundry machines, etc., which are necessary for multi-family houses. 4) A paid all the construction cost under the instant primary contract to the Defendant. On September 9, 2011, the Defendant issued each tax invoice of KRW 22,7160,000,000,000,000 in supply value on the name of the Daedo Co., Ltd. (hereinafter referred to as “Mann&C”), and KRW 322,284,000,000 in supply value on November 22, 2011.

5) On November 23, 2011, A obtained approval for the use of a multi-family house newly built in accordance with the instant first contract from the Sungsung market. B. A and the Defendant’s second contract 1) entered into a contract with the Defendant on September 15, 201, stipulating that on September 15, 2011, A and the Defendant entered into a contract for the construction of a multi-family house on the land outside H and four parcels to the Defendant for KRW 700 million for the construction cost.

(hereinafter “instant secondary contract”). The Defendant is based on the evidence No. 2 No. 1 and No. 2 (construction contract) and the instant secondary contract.

arrow