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(영문) 서울고등법원 2015.10.21 2015나5240
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. With respect to the construction of a new urban residential housing on the ground of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant construction work,” and the construction of a newly-built housing on that ground, the contract form signed by the Defendant on May 20, 2012, as indicated by the Plaintiff as the contractor (hereinafter “Plaintiff’s title contract”) and the contract form signed by the contractor and the Defendant on May 21, 2012, as indicated by the contractor and the Defendant as the contractor (hereinafter “C name contract”).

Period: Payment of the amount of contract on September 30, 2012 after completion of May 25, 2012: 267,200,000 won (including value-added tax)

(a) Advance payment: 20% within 23 days after concluding a contract; 53,440,000 won;

(b) Completion completed amount: 20% within 15 days after the completion of 3rd 3,440,000 won after the completion of 25% of the remainder of 66,80,000 won after the completion of 3rd 3rd ridges, after the completion of 20% of 53,440,000 won after the completion of 3rd ridges; and

B. C The name of the Defendant and C was written on May 21, 2012 by the Defendant and C, and the contractor’s column stated “mutual name: tax address construction: C” and the main contents are as follows.

The date of commencement: The contract amount of KRW 244,750,00 (including value-added tax): the contract amount of KRW 244,750,00 on September 30, 2012: 20% (at the time of a contract) of the contract amount: KRW 48,950,000 of the contract amount: KRW 20% (after the completion of a steel work) of the primary flag-based 20% (after the completion of a steel work), KRW 48,950,000 of the secondary flag-based 15% (after the completion of a steel work) of the primary flag-based 20% (after the completion of a steel work), KRW 36,70,000, KRW 25% (after the completion of a steel work): 20% (within 15 days after the completion of the construction work).

C. On the other hand, on May 25, 2012, the Plaintiff’s name agreement was prepared between E, who was the Defendant’s son, visited the Plaintiff’s office with the Defendant’s representative director in the capacity of the Defendant’s representative. The date of preparation was written retrospectively on May 20, 2012, and the main contents are as follows.

The Defendant, relating to the instant construction project, shall be Plaintiff eight times between June 25, 2012 and November 14, 2012.

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