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(영문) 부산고등법원 2018.07.19 2018나50874

원가분담 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is that the defendant's additional evidence submitted by this court is insufficient to admit the defendant's assertion, the defendant's each description of evidence Nos. 7 through 21 and part of witness A's testimony is rejected, and the court of first instance corrected the following part of the reasoning of the judgment of the court of first instance. The ground of appeal No. 3-b.

Except for the addition of part to the end of a port, the following supplementary part shall be cited in accordance with the reasoning of the first instance judgment. Therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

【Correctional Part of the judgment of the first instance court’s 【Amount related to Environmental Nutrition Assessment” in Section 17 of Section 4 of Section 17 “(2) shall be corrected to “amount related to Environmental Nutrition Assessment that is excluded from the contract construction cost when compiling the common execution budget, and shall be reflected in the contract’s shares in accordance with the final and conclusive amount.”

Part 11 of the first instance judgment, "The enforcement budget rate is determined as 91.58% (Article 2.1 of Chapter 2)" shall be corrected to "the enforcement budget rate is determined as 91.58% (Article 1.1 of Chapter 2)."

Part 11 of the judgment of the first instance (Article 2 (5) of the Chapter II) shall be corrected as "(Article 1 (5) of the Chapter II)".

【Supplementary Part 5) Article 17(2) of the Agreement on the Implementation of the Joint Supply and Demand of this case explicitly states that the construction cost for the environmental impact assessment shall be excluded from the contract construction cost, while the construction cost for the environmental impact assessment shall be KRW 125,625,00,00,000 as stipulated in Article 3 of the Operating Convention includes the construction cost for the instant two construction sections ( KRW 3,232,40,00). In comparison with the instant Operating Convention (Evidence 5 attached thereto) and the “the calculation of the difference in the cost for the implementation of the project budget for the Spanco Construction” as stipulated in subparagraph 7, the construction cost for the environmental impact assessment shall not be the construction cost or any additional construction cost, but shall be the direct construction cost, such as soil construction and tunnel construction.