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(영문) 서울고등법원 2015.12.03 2015나2038734
공사대금
Text

1. The plaintiff's appeal against the defendant A corporation is dismissed.

2. The plaintiff's defendant corporation.

Reasons

A. Defendant A

(2) On July 6, 2010, the Plaintiff was awarded a subcontract for construction work with the content that the construction cost is KRW 80,000,000,000,000,000,000. The construction cost was changed to KRW 3,837,200,000. (2) On July 6, 2010, the Plaintiff was awarded a subcontract for construction work with the Defendants with the content that the construction cost shall be KRW 319,000,000,000 (hereinafter “instant subcontract”). As to the portion of the subcontracted construction cost, the Defendant’s comprehensive construction work is KRW 20,000,000,000,000,0000,000,000,000,000

3. On September 30, 2010, the Plaintiff modified the instant subcontract with the Defendants, and the standard subcontract agreement for the relevant major construction works.

1. The name of the original contract owner of the Pyeongtaek-si Office in Gyeonggi-do: Construction work for the building of the stabilization international exchange center;

2. The name of the subcontracted project: The outer decoration and metal work;

4. Construction period: The contract amount on July 13, 2010, and November 35, 2010, as of November 30, 2010: 488,400,000 won following the change of the total amount of 319,00,000 won before the change,* Shares of each company* 20%: 97,680,000 won after the comprehensive construction in the liquidation of the defendant – Defendant A80%: 390,720,00 won as follows:

1) The Plaintiff, upon the completion of the instant subcontract, continued construction under the instant subcontract, performed a construction project on September 30, 2010, and performed a large amount of 85% construction project. However, the construction was suspended due to the Defendants’ failure to receive the construction cost, and the construction was conducted by the Defendants, and the construction was conducted by the Defendants in comprehensive construction in the course of the Defendant liquidation. The amount of the above amount is 16,737,000,000 won under the agreement with A under a joint contract with A (20% shares), but the construction was suspended due to the inevitable suspension of construction due to A’s failure to pay the amount of the construction cost, and the Plaintiff agreed not to raise any objection to all civil and criminal charges in the future.

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