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(영문) 서울고등법원 2015.09.24 2014나37097
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The organization of the joint contractors and the conclusion of the original contract between the Defendants and the Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”).

A) On November 201, 201, the construction of the 12 construction sections of the Yongsan-dong Housing Site Development Zone (hereinafter “instant construction”) ordered by the Korea Land and Housing Corporation (hereinafter “the instant construction”).

(i) the joint supply and demand agreement (hereinafter referred to as the “instant joint supply and demand agreement”) to jointly supply and demand;

(2) The joint contractors of this case (hereinafter referred to as the “joint contractors of this case”) shall enter into the contract.

(2) On November 17, 2011, the instant joint supply and demand agreement consisting of the Defendants and wind industry entered into a contract with the Korea Land and Housing Corporation to enter into a contract for the instant construction project (hereinafter “instant contract”). From November 30, 2011 to September 4, 201, the contract amounting to KRW 29,08,782,00, and the construction period from November 30, 201 to September 4, 2013.

B. On January 2012, 2012, the Plaintiff entered into a subcontract and executed construction works (i.e., the construction works on the access road to the instant construction site) from the wind industry to the construction site (hereinafter “the access road construction works”).

) A subcontract agreement to accept a contract for a contract amount of 7.7 million won (hereinafter “instant access road subcontract agreement”).

(2) On March 13, 2012, the Plaintiff concluded a subcontract with the content that the part of the instant reinforced concrete construction (hereinafter “instant reinforced concrete construction”) among the instant construction from the wind industry to the end of March 13, 2012, determined the contract amount of KRW 4.917 billion and the construction period from March 13, 2012 to September 4, 2013 (hereinafter “instant subcontract agreement,” and the Defendants, members of the instant joint supply and demand headquarters, as well as the instant subcontract agreement.

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