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(영문) 서울고등법원 2017.10.26 2016나2034593
조사확정재판에 대한 이의의 소
Text

1. The defendant and the plaintiff C corporation shall dismiss the incidental appeal filed at the trial.

2. The judgment of the court of first instance is followed.

Reasons

1. In fact, except for the part concerning “the progress of the relevant case” and the part partially modified, the relevant part of the judgment of the court of first instance is identical.

1) Defendant and Plaintiff C Co., Ltd. (hereinafter “Defendant”)

(D) D Co., Ltd. (hereinafter “D”).

(E) E Co., Ltd. (hereinafter referred to as “E”);

2) F Co., Ltd. (hereinafter “F”)

B) On December 30, 2008, the joint supply and demand organization constituted (Defendant 26% shares, D and E shares, F 25% shares, F 24% shares) and entered into a contract for construction work with the said joint supply and demand organization to receive “G construction” from Goyang-si. (2) After the F withdraws from the said joint supply and demand organization on September 8, 2010, the Defendant’s shares were changed to 34.21%, and D and E shares to 32.895%, respectively.

B. 1) The Plaintiff and the Defendant A Co., Ltd. (hereinafter “debtor A”)

(1) On July 1, 2009, the Defendant Company entered into a subcontract with the Defendant, the representative of the said joint supply and demand company. The obligor Company entered into the said subcontract with the Defendant to accept the subcontract by setting the contract amount of 3,516,370,00 won from July 2, 2009 to December 29, 2010, the contract to change the contract amount on February 5, 2010 to 3,393,50,000 won, the contract amount on April 15, 2010 to 5,567,980,000 won, the contract amount on the change to 6,408,000 won, the contract amount on the change to 200,000 won from October 27, 201 to 10, 2008, the obligor Company changed the contract amount to 3,500,000 won from each of the above joint supply and demand company; and the Defendant Company entered into the said subcontract with the Defendant Company’s 2019.

3 A debtor company shall be between the defendant and the defendant on April 15, 2010.

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