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(영문) 광주고등법원 2016.04.08 2015나2590
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Office of Education of Jeollabuk-do newly constructed the C Elementary School in the Dosan-si, and had a private investor extend the D elementary school in the Yansan-si, and then ordered the construction work for the former-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type rental-type, the Plaintiff, Debtor Rehabilitation and Debtors Construction Co., Ltd. (hereinafter referred to as “Seoul-do Construction”), and the petition construction company (hereinafter referred to as “petition construction”), which is a joint venture, to participate in the above construction.

In addition, on February 2010, the above companies entered into a joint contract operation agreement with the purport of organizing a joint supply and demand organization representing the construction of Nam-gu in order to facilitate the above construction work (hereinafter “joint supply and demand organization”). Under the above agreement, the remaining construction was the joint supply and demand organization for the new construction of C elementary school, and the construction was carried out as the joint supply and demand organization.

B. Meanwhile, on April 1, 201, in the course of performing construction works for the new construction of the Ysan C Elementary School, the Naman District Court filed an application for rehabilitation with the Gwangju District Court 201Mohap12, and on May 12, 2011, the Gwangju District Court decided to authorize the rehabilitation plan for the Southern Construction.

C. As such, as the decision of commencement of rehabilitation and the decision of authorization of rehabilitation for the remaining construction, the companies that concluded a design service contract or a subcontract for the remaining construction and the newly constructed construction of C Elementary Schools filed a lawsuit against the Plaintiff, the construction of defects, and the construction of petitions, and the Plaintiff, the construction of defects, and the construction of petitions paid the construction cost, etc. to the said companies according to the judgment, adjustment, and agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 18 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' arguments.

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