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(영문) 서울고등법원 2018.08.16 2017나2060643
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 stated in this part of the premise facts is as stated in the “1. Basic Facts” judgment of the first instance court, except for the following parts written by the court. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3 through 6 of the judgment of the first instance court shall be followed as follows.

3) On December 26, 2013, the Defendant received a contract for manufacturing and installing E from the said boiler construction works, etc., and subcontracted the said works to the Han-gu Industries on March 5, 2014. The Plaintiff entered into a subcontract on April 30, 2014 with the Han-gu Industries for the manufacturing and installation of E during the said works (hereinafter referred to as the “E works”), and collectively for D and E works, collectively for D and E works.

section 32 of this title is re-subcontracted.

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) The Defendant agreed to pay the Plaintiff the full amount of the construction cost, regardless of the construction cost already paid to D and E produced by the Plaintiff directly or through the leading industry, i.e., the amount of the construction cost unpaid from the leading industry, which the Plaintiff supplied to the Defendant through the leading industry on or after December 3, 2014, and the amount of the instant construction cost that the Plaintiff directly supplied to the Defendant on or after December 3, 2014, 1,16, 323, 548 and 10% of the amount of KRW 282,85,85,094, KRW 20, KRW 30, KRW 298, KRW 208, KRW 148, KRW 250, KRW 289, KRW 30, KRW 1548, KRW 250, KRW 298, KRW 258, KRW 1965, KRW 148,585, KRW 165,2945.

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