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(영문) 서울고등법원 2015.04.17 2014나2002776
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1, 8, Eul evidence Nos. 1, 7 through 14, and 19 through 21 (including each number), respectively.

On December 11, 2009, Seoul entered into a contract with the Defendant and Additional Saturdays (hereinafter referred to as the “Defendant, etc.”), setting the total construction cost as KRW 13,763,379,00 (hereinafter referred to as the “instant contract”) with respect to the construction work in D Outdoor Exhibition located in Seoul Mapo-gu and C, Seoul, and the D Outdoor Exhibition (hereinafter referred to as the “instant construction work”).

(B) The Defendant, etc. constituted a joint supply and demand organization to jointly perform civil works, construction works, landscaping works among the instant construction works, and the advanced construction project corporation formed a joint supply and demand organization by the method of sharing the portion of the geothermal Energy and solar Energy.

The defendant et al. claimed the price of the construction work in accordance with the order of each month and received all payments from the subcontractor who entered into a direct or subcontract to Seoul Metropolitan Government.

C. Between the Defendant, etc., the Plaintiff Daedong E&T Co., Ltd. (hereinafter “Plaintiff Daedong E&T”) entered into a subcontract with the same contents as the No. 1 of the table below (hereinafter “instant subcontract”). The Plaintiff Chang Chang Construction Co., Ltd. (hereinafter “Plaintiff Chang Construction”) entered into a subcontract with the same contents as the No. 2 of the table below. The Plaintiffs completed each of the relevant subcontracting works at the end of the construction period stipulated in the first and second subcontracts, and received each of the said subcontracts at the time of the expiration of the construction period stipulated in the said subcontract No. 1 and 2, and received each of the corresponding amounts in the column for the amount of the construction payment.

The standard subcontract agreement prepared between the plaintiffs and the defendant, etc. at the time of the first and second subcontract of this case is that progress payment is paid once a month.

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