공동분담금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The plaintiff sought the payment of the unpaid common costs and the common costs associated with the Southern Mine Construction Co., Ltd. in the first instance court. The first instance court rejected the claim for the unpaid common costs co-owners related to the Southern Mine Construction Co., Ltd. after admitting only some of the unpaid common costs contributions.
Since only the defendant appealed on the above cited part, the subject of this Court's adjudication is limited to this part.
2. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the deletion of Paragraph (3) from among the grounds of the judgment of the court of first instance and addition of Paragraph (3) from this court’s judgment as to the defendant’s assertion
3. Judgment on the defendant's assertion
A. The Defendant asserts to the effect that the Defendant did not pay the share of common costs due to the lack of the approval or liquidation execution agreement of the operating committee, i.e., the violation of the instant agreement and the instant agreement, the submission of data on the adequacy of the share of construction expenses, and the absence of verification as to the appropriateness and validity of the excess cost of construction expenses incurred by the Defendant, based on the following circumstances, such as the fact that the Defendant’s payment of the share of construction expenses was made unilaterally and unilaterally. Thus, the Defendant asserts
However, the following circumstances, which are acknowledged as above or as being added to the statements in Gap evidence Nos. 19 and 20, namely, ① even if there was no agreement on the approval or liquidation of the Steering Committee, the defendant is liable to pay the joint costs. ② Generally, if the construction cost is not timely appropriated in the construction work, the construction work is delayed and the compensation for delay occurs, or the subcontractor's default is caused.