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(영문) 서울중앙지방법원 2018.02.05 2017나16791

용역비

Text

1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.

2. The costs of appeal are assessed against the defendant.

Reasons

1. The reasoning of the court’s explanation as to the instant case is as follows: (a) the Defendant’s Intervenor’s assertion raised or emphasized in the trial as to the instant case is indicated in the reasoning of the judgment of the first instance, except for an additional determination as to the Defendant’s assertion as to the instant case as set forth in paragraph (2) below (3); and (b) such assertion is cited by the main text

2. The following parts shall be added to the second 20 pages of the judgment of the first instance:

In the vicinity of the point where the accident occurred after the accident in this case, seven joints were discovered in the tunnel upper part as described below (hereinafter referred to as "joint numbers") as follows:

2) Inasmuch as the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 17th page of the judgment of the first instance is added to “The Defendant’s Intervenor sent to the Plaintiff, September 17, 2014, a written statement of advisory contents, including the details of advisory as indicated in the attached Form, in the form of official document,” and added the attached Form of this judgment

- - Following the 10th 11th 10th 10 judgment of the first instance court, “The Defendant’s assistant intervenor raised an issue as to the service result while playing a leading role in the contract process of this case. As examined below, the Plaintiff may be deemed to have completed the service pursuant to the contract of this case and the Defendant’s assistant intervenor’s assertion as to the Plaintiff’s non-performance of obligation cannot be accepted, as determined in the 3th 3th below.”

3. Additional determination

A. On February 5, 2016, the Defendant Intervenor’s summary of the Defendant Intervenor’s assertion that: (a) there was an error in the calculation method of quantity and quantity of quantity in relation to the instant accident in the final report submitted by the Plaintiff to the Defendant, etc. (hereinafter “instant report”); and (b) concluded that Ghana exists within four joint occasions based on insufficient evidence; and (c) said, it is not the TPP Corporation.