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(영문) 서울고등법원 2017.03.09 2016나2051802
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this part of the judgment is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance, except where the reasoning of the judgment of the court of first instance contains the reasoning of Paragraph (1) and Paragraph (e) [based grounds for recognition] as follows. Thus, this part of the judgment is cited in accordance with

【The part after completion of the instant construction work. 1) On July 21, 2011, the Defendants agreed that F will receive approval for use until August 25, 201 after completing the instant construction work by determining the construction cost of KRW 2.4 billion (However, the period during which the instant construction will be transferred to C, D, and E, among multi-households newly built in lieu of the payment of the construction cost) to F, and F will receive approval for use from F by August 15, 201.

In addition, the Defendants and F agreed to the effect that “F shall waive all the benefits and shall not claim any money against the Defendants when the Defendants paid the construction cost to the subcontracted construction business operator.”

2) On July 22, 2011, the Plaintiff prepared a statement of performance (Evidence A 11) stating that “the Plaintiff will complete the construction until August 15, 201, and if the Plaintiff fails to complete the construction within the time limit, he/she shall waive all rights, and he/she shall not exercise all rights if he/she is paid the construction price in direct payment.” Defendant B signed and sealed the said statement of performance; Defendant B signed and sealed it on August 15, 201, but the Plaintiff failed to complete the construction until August 15, 201, and F was also unable to obtain the approval for use after completing the construction work by August 25, 201.

On September 29, 2011, Defendant B sent to the Plaintiff a written notification stating that “There is no construction cost payable to the Plaintiff because the Plaintiff failed to perform construction works and is doing so to another construction business operator.”

4 The Defendants, from among the subcontractors of Jinwon case, F or the Plaintiff, had them continue to perform construction work by mutual agreement, paid the construction cost directly or employed the parts directly.

The instant construction works around June 2012.

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