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(영문) 대전고등법원 2020.07.22 2020나10204
공사대금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the first instance, except for dismissal or deletion of part of the grounds of the judgment of the first instance as follows. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the reasoning of the first instance judgment, “Defendant I” is deemed to be “Defendant”; “Defendant Company” to be “J”; and “Defendants” to “Defendant and J” respectively.

Among the grounds of the judgment of the court of first instance, the "Witness M" shall be deemed the "Witness M of the court of first instance", and the "Expert N" shall be deemed the "Expert N of the court of first instance".

Of the grounds of the judgment of the first instance, the judgment on the claims against the Defendants of Plaintiffs A, B, C, D, and H in Part 8 of Part 4 as “2. Judgment.”

Of the grounds of the judgment of the court of first instance, the details of conduct 9 through 6, as shown below, shall be deleted.

Of the grounds of the judgment of the court of first instance, the summary of the plaintiffs' allegation 1 in Part 5 is "B."

The main point of the plaintiffs' assertion is "the main point of the plaintiffs' assertion".

Of the grounds of the judgment of the first instance, the details of the 6th to 7th of the 11st of the 6th of the 10th of the 7th of the

"In order for the plaintiffs who are subcontractors to directly claim the subcontract price under the subcontract based on Article 14 (1) 1 or 3 of the Subcontract Act against the defendant who is a contractor, the J shall be the principal contractor under Article 2 (2) of the Subcontract Act, and the plaintiffs shall be the subcontractor under Article 2 (3) of the Subcontract Act. According to Article 2 (3) and (2) 1 of the Subcontract Act, the subcontractor shall be a small and medium enterprise owner: (a) a subcontractor is a person prescribed in Article 2 (1) or (3) of the Framework Act on Small and Medium Enterprises or a person prescribed in the Small and Medium Enterprise Cooperatives Act; or (b) a person prescribed in the Small and Medium Enterprise Cooperatives Act; and (c) there is no other evidence to acknowledge that the plaintiffs

In addition, Article 2 (2) of the Subcontract Act and Article 2 of the Enforcement Decree of the same Act.

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