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(영문) 서울고등법원 2018.02.09 2017나2023293
운송료
Text

1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The facts below are without dispute between the parties, or acknowledged by taking account of the overall purport of the arguments in Gap 2 through 4, Eul 7 through 13 (including serial numbers; hereinafter the same shall apply), Eul 1 through 14, and evidence 16.

[1] The term “Yunex Epool Foundation” (hereinafter “Yunex”) is a local corporation in the Guam, which is 14,000 local workers, and was to carry out the construction of labor accommodation with 14,000 inmates.

The above accommodation was provided to the person who is engaged in the construction of the military base that is relocated from Oaaa to Guam.

In order to carry out the above building project, the Yunex entered into a contract with the EsEX Construction Co., Ltd., a Korean corporation (hereinafter referred to as the “SX Construction”), under which the contract was made for engineering, procurement, installation, construction and trial operation of the above building project.

On November 22, 2009, Yunex and the KTX Construction agreed to establish a local joint venture corporation for the above construction project, and that the joint venture corporation succeeds to the status of the KTX Construction based on the above contract.

Accordingly, the YX-Yunex Co., Ltd. (hereinafter "STX-Yunex"), which holds 49% of the YX construction, has been established, and this joint venture has succeeded to the status of the KTX construction based on the above contract.

On January 6, 2010, the Dispute Resolution Co., Ltd. opened an explanatory meeting for the construction work of the accommodation of 2,000 workers (hereinafter “instant construction work”) among the above construction project, with a capacity of 14,000 persons to be admitted, in the Republic of Korea, and on January 13, 2010, selected a hold company (hereinafter “the dispute Resolution Co., Ltd.”) as a subcontractor of the instant construction project after bidding on January 13, 2010.

On March 22, 2010, according to the succession of the status as seen earlier, the STX-Yunex entered into a contract (Evidence B; hereinafter “instant subcontract”). On March 22, 2010, it entered into an agreement with the KTX-Yunex to subcontract the instant construction work with USD 14,083,463 (hereinafter “US”) (hereinafter “US”).

§ 3.

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