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(영문) 광주고등법원 2015.11.25 2014나13074
대금지급청구 등
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. B Of the construction of a new factory, 1) B is an integrated third-party construction company on September 4, 2009 (hereinafter “comprehensive third-party construction”)

)The parcel number, land category, and area of the land shall be as follows, not less than 6,00 square meters in net city D, 660 square meters and 6,00 square meters in the construction of the Samcheon General

As seen in the list of claims, the same shall apply.

The term “each land of this case” refers to the above land.

2) On the ground, the construction of a B-room factory on the ground (hereinafter “instant construction”).

(2) On September 6, 2009, the contract amount of the instant construction work between the Plaintiff and the Plaintiff was KRW 1.3 billion (excluding value-added tax), the contract amount of the civil construction work among them was KRW 200 million, and the construction period was determined from September 5, 2009 to December 31, 2009 and entered into a contract for construction work to be executed under a contract. 2) On September 6, 2009, the contract amount for the instant construction work was again entered into between the Plaintiff and the Plaintiff to enter into a contract for construction work to be executed under a subcontract by fixing the period from September 7, 2009 to December 31, 209.

3) On or around December 31, 2009, the Plaintiff is a civil engineering work among the instant construction works (hereinafter “instant civil engineering work”).

(2) Although completion of the payment of KRW 200,000,000,000 was not received from the Samsan Construction. Accordingly, the Plaintiff filed an application for payment order for the payment of the construction cost of the Civil Works from the relevant court on November 9, 2011 to the Plaintiff for the payment order of KRW 200,000 and KRW 241,980 per annum from January 1, 201 to the date of delivery of the original copy of the payment order, and KRW 20,000 per annum from the following date to the date of full payment. The payment order was issued to the Plaintiff for the payment order of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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