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(영문) 서울고등법원 2019.12.20 2019나2019007

용역대금 청구의 소

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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. The reasons why our court should explain this part of the basic facts are added to the following part of the judgment of the court of first instance No. 5, No. 12, and the reason why the "No. 15," of No. 13, is deducted from the fact that the "No. 16," of the same part is changed to "No. 16," and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure

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D. The Plaintiff and E, May 27, 2019, on the other hand, transferred the additional service payment claim of the E Co., Ltd. (hereinafter “E”), and the Plaintiff and E, on the other hand, on May 27, 2019, on the share of E in the ratio of joint contractors (14%) among the additional service payment claim concerning the instant service contract, and on the related litigation expenses (hereinafter collectively referred to as “the additional service payment claim

(2) On June 3, 2019, a copy of the Plaintiff’s statement of grounds of appeal on June 3, 2019, including the Plaintiff’s acquisition of additional service payment claims, etc., was sent to the Defendant.

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2. Determination on this safety defense

A. The summary of the defendant's assertion is that the plaintiff claims additional service costs arising from the extension of the term of the instant service contract on behalf of the joint contractors of this case, but the legal nature of the claim against the contractor by joint contractors, which is a partnership under the Civil Act, belongs to their members jointly and severally. Thus, the lawsuit filed by the plaintiff, which is only one of the members of the joint contractors, is unlawful.

B. The joint supply and demand method of judgment 1 joint supply and demand basically has the nature of a partnership under the Civil Act. Therefore, the claim against the contractor in relation to the contracted construction work shall, in principle, be reverted to the members of the joint supply and demand organization. However, even if the joint supply and demand method of joint payment is a joint supply and demand organization, the individual members of the joint supply and demand organization