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(영문) 서울고등법원 2016.08.25 2016나2255
구상금
Text

1. The part against the defendant among the judgment of the court of first instance shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. Basic facts

A. A. Around February 2013, the Defendant contracted for “Crelicious Corporation” (hereinafter “Crelicious Corporation”) ordered by the Korea Electric Power Corporation (hereinafter “Crelicious Corporation”).

B. On March 2013, the Plaintiff and the Defendant agreed to manage the instant tinry construction (such as the conclusion of a construction contract with a subcontractor, construction direction, and payment of subcontract consideration) and pay subcontract consideration, labor cost, etc. to sewage suppliers arising in connection with the said construction, and to reimburse the Plaintiff ex post facto (hereinafter “Agreement on the Construction of the instant tiny”).

C. Until February 2014, the Plaintiff performed on-site management duties under the instant tiny construction agreement.

On the other hand, the Plaintiff, around March 2012, entered into an agreement with the Defendant to pay the Plaintiff the subcontract price, labor cost, etc. to the subcontractor, and the Defendant subsequently agreed to pay the Plaintiff the price (hereinafter “instant agreement related to the TR”) regarding the “TTR construction” that the Defendant received and supplied by the Defendant (hereinafter “instant TR construction”).

Accordingly, the Plaintiff also managed the instant TMR construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff paid KRW 1,630,083,385 to the subcontractor as the amount of sewage supply to the subcontractor, labor cost for labor workers, etc. in accordance with the instant agreement on the construction project, and received reimbursement of KRW 1,261,753,00 from the Defendant.

Therefore, the Defendant is obligated to pay the remainder amount of KRW 368,330,385 to the Plaintiff regarding the instant tiny construction.

B. Defendant 1) The instant TMR Corporation and the instant TMR Corporation (hereinafter referred to as the “instant construction”) are collectively referred to as “each of the instant construction works.”

In relation to the defendant, the period that the plaintiff performed on-site management for the defendant overlaps is that the defendant frequently.

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