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(영문) 서울고등법원 2017.09.26 2017나2010501
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant’s land on October 1, 2010.

A. The Geumcheon-gu Seoul Metropolitan Government and the Construction of New Buildings on Land B (hereinafter referred to as the “instant construction”) enter into a contract with a contractor who determines the construction cost of KRW 3.19 billion (including value-added tax; hereinafter the same shall apply) as the construction cost of KRW 3.19 billion (hereinafter referred to as the “instant contract”). The contract is not entered into (hereinafter referred to as the “instant contract”).

E&C paid 958 billion won as advance payment to E&C.

(b) land;

On November 12, 2010, F&C entered into a contract with the Plaintiff, among the instant construction works, for the construction cost of KRW 1.243 billion, and for the construction period from November 15, 201 to February 28, 201, the subcontractor entered into a contract (hereinafter “instant subcontract”).

C. On February 11, 201, the Plaintiff entered into a contract with C and D (hereinafter collectively referred to as “C, etc.”) for re-subcontracting the construction cost of KRW 330 million and the construction period from February 14, 201 to March 31, 201 (hereinafter “instant re-subcontract”).

D. After completing the construction of the existing building, EFC returned to the Defendant and the Defendant an advance payment of KRW 67 million up to October 31, 201, and agreed to waive the construction of the instant new construction on the condition that the Defendant, the owner of the building, succeeds to all of the new construction of the instant construction except the removal construction (hereinafter referred to as the “instant settlement agreement”), and submitted to the Defendant a letter of waiver of the construction on the same day.

E. Around the time of the instant settlement agreement, the Defendant entered into a contract with the Doman Comprehensive Construction Co., Ltd. (hereinafter “Daman Construction”) to conclude a contract for the remainder of the instant construction project (hereinafter “the instant remaining construction”) with the Doman Comprehensive Construction Co., Ltd. (hereinafter “Daman Construction”), setting the construction cost as KRW 2.475 million, and entered into a contract for the instant remaining construction project (hereinafter “the instant remaining construction”). The Doman Construction Co.

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