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(영문) 서울고등법원 2020.01.17 2017나2076938
공사대금
Text

1. The judgment of the first instance, including the Plaintiff’s claims extended and added in this court, shall be modified as follows.

Reasons

1. Basic facts

A. The relationship and status of the parties 1) The J Union is an urban environment rearrangement project association established on January 10, 2006 with the authorization of establishment on January 10, 2006. The Defendants and the co-defendant C of the first instance trial are all incumbent officers of the J Union for the purpose of construction business, housing construction business, etc., and were awarded contracts from the J Association on December 15, 2010 for construction of “M” mixed apartment and its ancillary facilities (hereinafter “instant construction work”).

(A) On March 7, 2013, the Plaintiff was awarded a subcontract for the construction of solar power generation facilities (hereinafter “instant subcontract construction”) from L to L to Mar. 7, 2013 (Evidence 4). (b) On December 15, 2010, J Union and L to J Association (hereinafter “first contract”) concluded a contract for the instant construction (hereinafter “first contract”) on Apr. 29, 201 and Jan. 24, 2013 and Jan. 10, 2014; and (c) on January 15, 2014, the Plaintiff concluded a contract for the instant construction (hereinafter “first contract”); and (d) concluded a contract for the modification, deletion, and addition of some contract provisions on three occasions in total.

(No. 1 and No. 5-4 of the evidence No. 2, and each of the above changes agreements are individually referred to, “the next change agreement” and “the instant contract for construction work” in the aggregate of the first contract and the first contract). The main contents of the instant contract for construction work, which were finally determined by the third change agreement, are as follows.

【Common Details】

5. Business Method: B (referred to as “L”; hereinafter the same shall apply) shall be 74.31 billion won (including value-added tax) and project cost (hereinafter referred to as “project cost”) shall be 12.99256 million won (including value-added tax) paid to B on the condition that Party A (referring to “J Association; hereinafter the same shall apply) and its members complete the construction work under subparagraph 4 on the land owned by Party A.

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