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(영문) 서울고등법원 2014.11.14 2013나71229
공사대금 반환 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. The scope of the judgment of this court in the first instance filed a claim against the Defendants for equipment costs (255,291,300 won) and pipeline replacement construction costs (355,56,730 won). The Defendants filed a claim against the Plaintiff as a counterclaim against the Plaintiff for equipment costs and the remainder of construction costs after deducting the equipment costs and advance payments already received from the Plaintiff, but all the claims for the principal lawsuit and counterclaim were dismissed. Accordingly, only the Plaintiff filed an appeal against the principal lawsuit in the first instance judgment.

Therefore, only the part concerning the main claim among the judgment of the court of first instance is subject to the judgment of this court.

2. Fact-finding;

A. The Plaintiff is a company aimed at civil engineering and construction business. Defendant C is a company with the trade name “B” from the Seo-gu, Daegu-gu, and operated a business such as wholesale and retail business of household appliances. On June 25, 2007, Defendant B, a corporation with the above address as its principal office location, established Defendant B (hereinafter “Defendant Company”) and appointed as its representative director.

B. On December 10, 2006, the Plaintiff and Defendant C entered into a contract with Defendant C to carry out the installation of air-conditioning equipment and installation works (hereinafter “instant construction”) in the system among the remodeling works of the Gyeong-gun D Hotel (hereinafter “instant building”) (hereinafter “instant contract”), and agreed as follows.

1) Construction cost: 545 million won (excluding value-added tax) (1) Of the construction cost, equipment cost is KRW 255,291,300 for the construction cost, and other actual construction cost is KRW 289,708,700 for the construction cost. ② Terms and Conditions for the payment of construction cost: The equipment cost, such as air conditioner indoors, shall be the performance guarantee insurance policy and Samsung Electronic Co., Ltd. (hereinafter “Tsung electronic”).

The amount of KRW 70 million shall be paid in cash after the submission of the certificate of the entry of the equipment of the Council, and the amount of KRW 87 million out of the actual construction price shall be paid in advance at the time of the contract.

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