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(영문) 서울고등법원 2016.03.18 2015나2041259
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Ulsan Construction Co., Ltd. (hereinafter referred to as the “Uulra Construction”) and the Defendants are members of a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization in this case”) contracted for a new construction project by the Korea Consumer Agency (hereinafter referred to as the “instant original construction”) in the form of joint performance around January 2013, which was ordered by the Korea Consumer Agency (hereinafter referred to as the “Korea Consumer Agency”), and the Ulsan Construction is the representative of the joint supply and demand organization in this case.

B. From January 23, 2014, the Plaintiff was awarded a subcontract for the supply and installation work of roll sckeine (hereinafter “instant subcontracted construction”) among the instant prime construction from the Ulsan Construction, with the construction period fixed from January 23, 2014 to June 30, 2014; and the construction cost of KRW 240,90,000,00.

(hereinafter referred to as the “instant subcontract contract”). (C)

After the Plaintiff’s progress of the instant subcontract construction project in accordance with the instant subcontract construction contract, it received KRW 227,904,930 of the construction price from Ulsan Construction as an electronic bill. The Plaintiff offered two copies of the electronic bill, which are KRW 20,000,000, and KRW 52,150,320 of the due date, and the due date, October 10, 2014; and the due date, October 10, 2014; and KRW 20,000,000, and two copies of the electronic bill, which are KRW 52,150,320, to the Plaintiff, on October 10, 2014, were refused to pay.

Ulsan Construction filed a rehabilitation application with Seoul Central District Court 2014 Ma175 on October 7, 2014, and the rehabilitation procedure commenced on October 22, 2014, and was decided on July 1, 2015 by the said court to authorize the rehabilitation plan.

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 to 4, Eul evidence 1 and 2, including branch numbers, if any;

The following shall be:

(ii) the facts alleged in this Court and the purport of the entire pleading

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is the partnership under the Civil Act, and the Ulsan Construction is the representative of the instant joint contractors.

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