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(영문) 대전고등법원 2017.06.16 2013나3147
공사대금 등
Text

1.The part of the judgment of the court of first instance against Defendant B, including the claim extended by this court, is:

Reasons

1. Basic facts

A. Defendant B’s establishment of Defendant B is a company established on June 13, 2007 by creating “D Business Complex” (hereinafter “instant business complex”), and Defendant B changed to the current trade name as of July 29, 201, in order to support the company located in the instant business complex, Defendant A’s establishment of Defendant B is a company established on July 13, 2007.

B. On September 17, 2008, the Plaintiff entered into a contract between the Plaintiff and the Defendant B on the instant project site creation work for the instant project complex (hereinafter “instant principal project”) with Defendant B on September 17, 2008.

(iii) 3,575,000,000 won (including value-added tax; hereinafter the same shall apply) for the purchase;

(2) On August 29, 2009, the Plaintiff was awarded a contract with Defendant B for retaining walls, water tanks, waterworks and septic tanks (hereinafter “the instant additional works”) of the instant industrial complex in addition to the purchase price of KRW 699,449,457.

(3) The Plaintiff and Defendant B agreed on November 30, 209 to complete the instant principal and additional construction works by no later than May 31, 2010. (C) The Plaintiff and Defendant B agreed on the completion of the instant construction works by no later than 105,600,000 won for the initial contract, but later agreed that they will not perform the instant construction works. (3) The Plaintiff and Defendant B transferred their shares in the site of the instant industrial complex to Defendant B, respectively, separately from the instant business complex, to Defendant 1) U.S. S.C., large industry, large industry, IMC, IMC, IMC, CzeNC, CORC, UAC, and Land Co., Ltd. (hereinafter referred to as the “UBD”). The Defendants were to move in the instant industrial complex, separately from the instant business complex, and the Defendants were to move in.

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