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(영문) 광주고등법원 2014.10.01 2014나1637
공사대금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On September 25, 2008, the Plaintiff: (a) determined the extension of the outer entrance and exit from subway CY Nos. 2 and 3 (hereinafter “instant construction”) as construction cost of KRW 1,335,90,000 (the application of the value-added tax rate) and was awarded a contract with D Co., Ltd. (hereinafter “D Company”); and (b) in fact, the instant construction is to be carried out independently under an agreement with D Company, as agreed with D Company.

B. On October 11, 2008, the Plaintiff entered into a subcontract for a construction contract with E Company E (hereinafter “E Company”) by setting the construction cost of KRW 1,077,350,000 as well as the construction period from October 11, 2008 to July 26, 2009 with respect to the whole of the instant construction, and entered into a subcontract for a construction contract with the Defendant (F, the representative director of E Company, and G couple, the Defendant’s representative director), who is in a special relationship with E Company and E Company (as agreed thereafter, the Plaintiff entered into a subcontract for each of the following parts of the construction contracts by process:

1) The construction cost of the subcontracted construction contract between the Plaintiff and E companies on October 11, 2008: 542,800,000 won for the construction period from October 11, 2008 to July 2009; the subcontract contract between the Plaintiff and the Defendant on machinery construction (hereinafter “instant first contract”) on October 11, 2008 between the Plaintiff and the Defendant for the construction cost: the construction cost: 186,70,000 won for the construction period; and 186,70,000 won for the construction period from October 11, 2008 to July 20, 209 between the Plaintiff and the Defendant for creative construction.

A) Construction cost: 280,000,000 won (including value-added tax, 308,000,000 won) was explicitly agreed on “value-added tax separate” in the case of this part of the subcontract for a construction project. The construction period from February 9, 2009 to July 26, 2009. The Defendant and E Company, after being awarded a subcontract for the instant construction project from the Plaintiff, shall set the entire construction cost to H (the constructor who registered his business under the name of J under the name of J, his wife) as KRW 980,00,000, after being awarded a subcontract for the said construction project from the Plaintiff.

The plaintiff.

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