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(영문) 대전고등법원 2015.04.29 2014나1278
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. 1) C Industrial Co., Ltd. (hereinafter “C”)

A) A contract between the Korea Land and Housing Corporation around August 2010 and the Korea Land and Housing Corporation (hereinafter referred to as the “instant contract”) stipulates that the Da national rental apartment landscaping (including planting and facility installation works) will be awarded a contract for construction costs of KRW 1,450,896,000 (hereinafter referred to as the “instant contract”).

(2) Around November 2010, 2010, the Defendant received a subcontract for the above landscaping construction work from C, without preparing a separate subcontract document with C, and upon consultation with C, used C’s directors and the office of the site director of the above landscaping work, upon receiving a complete order for the claim for construction cost under the instant contract with C as to the Korea Land and Housing Corporation, and using C’s directors and the office of the site director of the above landscaping work.

3) On November 2010, the Defendant refers to planting and facilities installation works among the above landscaping works (hereinafter the above planting and facilities installation works) in the name of “instant construction work” between F, the representative of E, and the Korea Minting and Security Printing Corporation.

(4) After December 2010, the Defendant, E, and the Plaintiff made a verbal agreement that the Plaintiff succeeds to the status under the said subcontract agreement of the F and the Korea Creative Design Corporation (around December 201, the Plaintiff gave the Plaintiff the position of the director of the Plaintiff to E in order to indicate the appearance of the subcontractor; hereinafter referred to as the “instant subcontract”) and accordingly, the Plaintiff started the instant construction work at that time.

5 around March 201, when the Plaintiff had been performing the instant construction, a subcontract was prepared between the Plaintiff and C with respect to the Food Works among the instant construction works and the installation works of facilities:

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