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(영문) 부산고등법원(창원) 2015.11.05 2013나20932

공사대금

Text

1. The application for intervention by the defendant assistant intervenor shall be permitted;

2. The plaintiff's claim added in the trial shall include the plaintiff's claim.

Reasons

1. Facts of recognition;

(a) A Co., Ltd. (hereinafter referred to as “A”);

) On July 19, 2010, the head of Jung-gu Incheon Metropolitan City, the head of Jung-gu, Incheon and the head of the Gu (hereinafter referred to as the “instant building”) shall establish a ground C shopping mall and parking facility for six lots outside

(C) A well-dying Construction Co., Ltd. (hereinafter referred to as “ well-dying Construction”) around August 2010 after obtaining permission for substantial repair.

B) A contract was entered into between the Defendant and the Defendant to enter into a contract on the construction of a parking lot with the contract amount of KRW 4.3 billion (excluding value-added tax) and the period from August 15, 201 to May 15, 2011 during the construction period of large-scale repair works. (B) A contract was entered into between the Defendant and the Defendant to set the said parking lot construction contract amount of KRW 3.9 billion and the construction period from August 5, 2010 to November 15, 2010.

The following is the plaintiff of the match before and after the merger.

between the Plaintiff and the Plaintiff for the installation of parking facilities (hereinafter “instant construction”).

(1) A contract shall be made on the basis of the contract, and the term “(i) contract amount: KRW 2.86 billion (i.e., value-added tax of KRW 2.60 million), KRW 2.6 billion (i.e., value-added tax of KRW 2.60 million), ② payment in cash: payment in cash; payment in lump sum after completion of the construction; ③ payment in lump sum after completion of the construction; and (iii) construction period: the subcontract “instant subcontract” (hereinafter referred to as “instant subcontract”).

(1) The Plaintiff may request the Defendant to extend the construction period in writing, where the execution of construction is delayed due to reasons not attributable to the Plaintiff, such as a natural disaster or force majeure event, and a balance in raw materials management, etc., which are considerably difficult to perform as follows.