공사대금
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal of a part of the following, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A No. 14 through 18 shall be added to the 7th written judgment of the first instance.
Under the 8th sentence of the first instance court, the Defendant’s above assertion shall be “the Defendant’s above assertion”.
Part 11 of the Decision of the first instance shall add the following:
【E) The Defendant asserts that indirect costs for safety management were all necessary items for construction works and civil engineering works, and that since the construction works were delayed due to the cause attributable to the Plaintiff, the Plaintiff and the Defendant should share indirect costs for safety management in proportion to their respective causes attributable to the Plaintiff.
In full view of the following circumstances acknowledged by the purport of the appraisal statement and pleading by the appraiser B of the first instance trial, namely, ① a safety manager is a person responsible for the safety of the entire construction works, so it cannot be classified into any one of the areas among construction works or civil construction works, ② an appraiser B of the first instance trial, in consideration of the above circumstances, shall separately classify and calculate indirect costs for safety management, and ③ the construction period of this case is extended due to reasons not attributable to the Plaintiff in connection with civil construction works. In full view of the above circumstances, the Defendant’s above assertion on the premise that no delay in construction works has been delayed, is without merit.
A person shall be appointed.
2. In conclusion, the judgment of the court of first instance is justifiable, and both the defendant's appeal and the plaintiff's incidental appeal are dismissed. It is so decided as per Disposition.