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(영문) 서울고등법원 2015.11.11 2015나2020771
공사대금
Text

1. All appeals by the defendant (appointed party) are dismissed;

2. The costs of appeal are assessed against the Defendant (Appointed Party) and the Appointed C.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, with respect to this case, the reasons for the judgment of the court of first instance are as follows: Defendant (Appointed Party) and the appointed party C, and corporation D

(The main text of Article 420 of the Civil Procedure Act) The fourth and the sixth and the sixth and the 6th 201. "201."

Part 7 2 : “The Plaintiff and the Defendant Company offered 20,000 shares issued by the Defendant Company to the Plaintiff on the premise that the shares issued by the Defendant Company are approximately KRW 30,00 per share, and the price for construction work is KRW 5,000 per share ? 1.1. The Plaintiff added the amount for construction work as KRW 10,00,000 ( KRW 5,000 x 20,000) to the Plaintiff, and the Plaintiff added the amount for construction work to the Plaintiff as stated below 10,000 shares issued by the Plaintiff on the ground that the shares issued by the Defendant Company at the time of the instant construction contract were KRW 30,00 per share, and the amount for construction work is KRW 5,00,00 per share.”

In light of the developments leading up to the preparation of the instant agreement and a written statement of performance, and the contents of the said written agreement, the Plaintiff appears to have prepared the instant agreement and a written statement of performance, which mean that, after the time of the preparation of the instant agreement, the Plaintiff received or will receive shares already delivered from the Defendant Company or will be transferred for the guarantee of the payment of the construction price; however, the Plaintiff may return the issued shares in cash in accordance with the repayment ratio and, if the payment of the construction price is not made in cash, the Plaintiff may dispose of shares issued

CHAPTER 10, 14.

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