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(영문) 서울고등법원 2015.03.04 2014나2019699
공사대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. Appeal;

Reasons

1. The reasons why the court has cited the judgment of the court of first instance for this case are stated in the reasoning of the judgment of the court of first instance, except for the addition to the following and the addition under paragraph 2:

Article 420 of the Civil Procedure Act (the main sentence of Article 420 of the Civil Procedure Act) The evidence of the 4th page 12 shall be added to the "certificate No. 18".

The following shall be added to the fifth page 8:

㈒ 원고는 2014. 7. 31. 인천지방법원 부천지원으로부터 ’수급인 피고들과 하수급인 원고 간에 하도급계약을 체결한 바, 하도급대금의 적기 지급을 위하여 피고들이 하도급대금을 직접 지급하여도 이의를 제기하지 않을 것을 서약하고 직불을 합의‘한다는 취지로 피고들 명의의 하도급대금 직불동의서(을 제18호증의 2)를 위조한 다음 원고의 하수급인 F에게 교부하여 행사하였다

‘A summary order of KRW 500,000 was issued due to criminal facts and the summary order became final and conclusive around that time.

2. The Plaintiff asserts that, even if the Plaintiff was not a party to the subcontract agreement of the instant structural construction, the Defendants agreed to take over the liability of the purchase price for the structural construction against the Plaintiff, even though it was not a party to the said subcontract.

In full view of the purport of the arguments in Gap evidence Nos. 2, 4, 5, 6, 9, and Eul evidence Nos. 1 and 16, the defendants agreed on Nov. 6, 2012 that, upon entering into a contract for the new housing construction work of this case, 30 million won out of the construction cost shall be paid in cash and the remainder shall be paid in substitute for multi-household house. The defendants agreed that, among the new construction works, 50 million won should be subcontracted to the plaintiff for construction work of this case, 190 million won and 50% of the construction cost shall be paid in cash and the remainder shall be paid in substitute, and on December 14, 2012, the defendants and flag shall be paid in 8 households, 201, 202, 204, 301, 301, 304, 3034, 3030, 3034, 30

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