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(영문) 서울고등법원 2016.07.08 2015나2073690
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter referred to as “C”) and D Co., Ltd. (hereinafter referred to as “D”) were awarded a contract for construction works with the Defendant on January 11, 2013, by organizing a joint supply and demand organization (c 70% equity ratio, D 30%).

(hereinafter “instant prime contract”). B.

C On April 9, 2013, the Plaintiff subcontracted to the Plaintiff the construction period of the soil and structures construction (F Tools) during the said construction (hereinafter “instant subcontracted construction”) at the contract price of KRW 18.64 billion from April 9, 2013 to December 30, 2015, with the construction period of KRW 18.64 billion.

(hereinafter referred to as “instant subcontract”). C.

On July 25, 2013, the Plaintiff filed with C a claim for the payment for completed portion of KRW 880 million, including KRW 122,645 and KRW 625,000,000,000 (hereinafter “instant ready-mixed”) equivalent to the amount of the amount of the amount of the charge for ready-mixeds Co., May 25, 2013 (hereinafter “Dongjin-mixed”), which is related to the excavation and digging operations, among earth and structures (F Tools), but C was unable to pay the Plaintiff the payment for completed portion under the instant subcontract, such as the amount equivalent to the instant ready-mixed amount, due to the aggravation of financial standing.

Accordingly, on July 29, 2013, the Defendant, C, D, and the Plaintiff entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with the following terms and conditions as follows. The term of the contract of KRW 126,079,80,000 for the contract period from July 30, 2010 to December 31, 2015, the contract amount of the construction works under the subcontract price of KRW 18,645,00,00 for the construction works under the direct payment agreement of KRW 10 to December 30, 2013, the contractor and representative of the contractor (Seoul Special Metropolitan City) and C (former Special Metropolitan City’s address and domicile), the representative of the subcontractor (Seoul Special Metropolitan City’s domicile and domicile), the name and domicile of the subcontractor of the Seocho-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) and the name of the subcontractor (Seoul Special Metropolitan City) on the contract date of KRW 30,000 to December 9, 2013.

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