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(영문) 서울고등법원 2015.10.28 2013나50
공사대금등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff filed a claim against D (hereinafter “D”) for the payment of the unpaid construction cost and the sales agency fee, and the court of first instance dismissed all the Plaintiff’s claim.

Since the plaintiff filed an appeal against this, and thereafter the plaintiff withdrawn the claim of the sales agency fee on the fourth day for pleading of the trial, the scope of the judgment of this court shall be limited to the claim for the unpaid construction cost.

2. Basic facts

A. The Plaintiff is engaged in an engineering work business, structure dismantling work business, sales agency business, etc., and D is engaged in housing construction business, building work business, etc.

B. On December 26, 2005, the Plaintiff is a civil engineering work (hereinafter “E”) among the construction works for the new construction of a residential community facility in Gangseo-gu Seoul Metropolitan Government E-based collective housing (hereinafter “E”) between D and D.

(2) On August 23, 2006, Gangseo-gu Seoul Metropolitan Government Construction Works for the Construction of New Residential Living Facilities (hereinafter “F Works”) and the Construction Works for the Construction of New Residential Facilities and for the Construction of Separate Housing Facilities (hereinafter “G Construction Works”) in Gangseo-gu Seoul Metropolitan Government on August 23, 2006, the subcontract to determine the supply of and demand for the construction cost of KRW 360 million (excluding value-added tax), December 26, 2005, and September 30, 2006, and June 30, 2007, and (3) February 24, 2007, the subcontract to determine the supply of and demand for the construction cost of KRW 270 million (including value-added tax) among the Construction Works for the New Residential Facilities and the Construction of New Residential Facilities in Gangseo-gu Seoul Metropolitan Government (hereinafter “G Construction Works”).

(2) The execution date of the instant subcontract (including value-added tax), February 25, 2007, and August 30, 2007, the completion date of the instant subcontract (hereinafter referred to as “instant subcontract”) shall be determined and paid as KRW 285 million (including value-added tax), and as the completion date of the instant subcontract.

(4) On March 25, 2007, the Guro-gu Seoul Metropolitan Government Construction Project of H-based Officetel (hereinafter “H”) with the terms and conditions that it will receive the payment of the construction cost of KRW 980 million (including value-added tax), April 1, 2007; and September 30, 2008 (hereinafter “the scheduled completion date”) as the subcontract agreement of this case 2.

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