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(영문) 서울고등법원 2017.05.19 2016나2054405
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s relationship 1) The Plaintiff is a company established on June 5, 2012 for the purpose of electrical construction business, etc., and the Defendant is a company for civil engineering, building, and electrical construction business. The Plaintiff is a third party. The Plaintiff’s representative director D has a de facto marital relationship with the Defendant’s representative director, and E is a part of the Defendant’s representative director F. The transaction between the Plaintiff and the Defendant was between G (hereinafter “G”) and the Defendant. (b) H Corporation and I Corporation 1) Company 1, around August 30, 2012 (hereinafter “H Corporation”). The Plaintiff was awarded a contract for the construction of a factory to the Defendant on the part of the electrical construction work that the Plaintiff received from the Defendant, the subcontract price of which was received from the Defendant, the value-added tax of 14,00,000 won to 31,201,201.

2) The I Co., Ltd. (hereinafter “I”) newly constructed a factory at the Handong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City in 2012 (hereinafter “I Corporation”).

(C) The settlement between the Plaintiff and the Defendant between G and the Defendant during the period between G and the Defendant on December 30, 2012, the following agreements (Evidence No. 2, No. 22, No. 22, 200, and hereinafter referred to as the “instant written confirmation”) are concluded: (a) the Plaintiff received a subcontract from the Defendant; (b) the subcontracted construction cost is KRW 71,50,000 (including value-added tax); and (c) the construction period is from October 31, 2012 to January 31, 2013.

Done. B/ A Former Settlement (Evidence B No. 22 up to H Corporation) stated as “B up to H Corporation”.

/ Total amount of 46,000,000 won by December 30, 2012

D. After the preparation of the instant confirmation document, the Plaintiff totaled 676.3 billion won to the Defendant as shown in Table 1 below.

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