logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.21 2018나2008987
공사대금 등
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall be the amount ordered to be paid:

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is an individual entrepreneur operating a construction machinery rental company under the trade name of “C,” and the Defendant is an individual entrepreneur operating a scrap metal and non-retailing retail company under the trade name of “D.”

B. J Co., Ltd. (hereinafter “J”) classified the removal of the building in Songpa-gu Seoul Metropolitan Government AK into three sections for the reconstruction of the F apartment, and contracted the removal of the building in the Section 2 to E (hereinafter “E”).

C. E is divided into three sections once again for the removal of Section 2 that was contracted as above, and on June 5, 2013, between the Defendant and the Defendant, Section 1 [F apartment G through H Dong (12 Dong), Section 1 (12 Dong Dong), Section 1 (1 Dong), and Dong Office (General Building and Senior Citizens Association).

2. The construction site of this case is “the construction site of this case”

[] Regarding E, the Defendant paid 270,000,000 won for contract amount to E, and entered into a contract for the cost of scrap metal processing with the entire content of the scrap metal emitted from the construction site of this case. Accordingly, the Defendant paid 270,000,000 won for the above price to E. In addition, on June 19, 2013, E paid 270,000 won to the Defendant for the cost of removal and disposal of the instant construction site of this case (hereinafter “instant removal construction”).

) A contract was made for construction cost of KRW 420,00,000 (Additional Tax separately) (However, the amount of KRW 420,000,000 that is to be paid to the Defendant is included in KRW 100,000 that the Defendant lent to the Defendant before that period, and thus, the amount actually paid to the Defendant is KRW 320,000,000.

(D) On April 14, 2015, the Plaintiff purchased from the Defendant the entirety of the non-processed goods, such as steel bars, arising from the instant construction site on condition that the Plaintiff performed the removal work of this case, from the Defendant, at KRW 400,000,000. Of the above sales price, KRW 120,000,000, the Plaintiff paid directly to the Defendant, and the remainder of KRW 280,00,000,000, to be substituted by the cost of removal to be performed by the Plaintiff (hereinafter referred to as “the sale contract”).

arrow