공사대금
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 reasoning of the judgment of the court of first instance, citing this case, is the same as the reasoning of the judgment of the court of first instance, except for the following appellate parts, and thus, citing this as it is in accordance with the main sentence of Article 420 of
2. The height of the judgment of the court of first instance is as follows: the number of pages 4 to 11 is as follows.
D. The Defendant’s assertion and judgment 1) The design change of the instant construction project ought to be made after the withdrawal of the Defendant’s summary of the Defendant’s assertion, which led to the increase in the construction cost, and even if the increased progress payment belonged to each remaining partner according to the ratio of shares changed according to the external relationship between the ordering authority and the instant joint supply and demand authority, insofar as the said progress payment includes the cost for the portion of the construction executed, it shall be settled according to the actual contribution to the construction in the internal relationship between the withdrawing authority and the remaining members.
Accordingly, the amount that the defendant has to be settled or distributed from the plaintiff should be deducted from or offset against the above cost contributions that the plaintiff claims against the defendant.
2. The joint venture for the decision has the nature of a partnership under the Civil Act. Therefore, the claim against the contractor due to the execution of the construction work by the joint venture shall, in principle, be reverted to the members of the joint venture, and barring any special circumstance, one of the members may not claim the payment according to the share ratio to the contractor at his own discretion.
However, if a joint contractor and a contractor enter into an agreement with each member who is not a joint contractor in relation to a claim arising from a contract for construction works, to acquire the right of the contractor directly according to the ratio of shares, the contractor shall be subject to the terms of the contract for construction works.