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(영문) 광주고등법원 2016.08.19 2015나2439
양수금
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. The reasons to be stated in this case by the court of first instance are as follows, with the exception of Article 2.B-2 of the reasoning of the judgment of the court of first instance as follows. Therefore, it is acknowledged as follows according to the reasoning of the judgment of first instance: (a) Article 420 of the Civil Procedure Act (the main sentence of Article 420 of the Civil Procedure Act) 2.B-2 of the grounds of the judgment of first instance (the part pertaining to dismissal) 1 through 6 (including branch numbers) 1 through 6 (the claim for damages due to non-performance of obligation) among the grounds of the judgment of first instance 2.B-2 of the judgment 2.B-2 of the judgment of first instance (as to the claim for damages due to non-performance of obligation 4.2 of the judgment of first instance) 1 and 7; (b) and part of the evidence 4 Eul and the result of the inquiry reply to

(1) During the construction of the instant construction site, Jungwon Electric Power Co., Ltd. subcontracted the installation work of electric wires to supply temporary power to the construction site of this case, including the site of Suhee Construction, in which Suhee Construction is being carried out.

(B) On July 22, 2009, the Seoul Special Metropolitan City Mayor entered into a contract on the construction site of the Daejeon Special Metropolitan City on June 2010, and the subcontract on the remaining construction site was concluded between October 2008 and November 2009. (2) Heavy Electricity and west Construction entered into an agreement on July 22, 2009 that “The ownership and responsibility for the management of all kinds of equipment or materials installed and constructed at the construction site of the orchard Special Metropolitan City, and the removal of materials installed and constructed at the construction site shall be carried out at the request of the person in charge of the site.”

(The other construction sites subcontracted by Jungwon Electric Construction seems to have agreed with the same contents. However, Jungwon Electric Power installed electric wires at the construction site of this case, it was immediately fired after the installation of electric wires, and it did not separately manage the installed electric wires.

(3) During the construction site, Jungwon Electric Power is the Defendant with the right to remove electric wires installed at the site of this case in order to resolve any financial difficulties.

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