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(영문) 대구고등법원 2019.05.16 2017나20563

공사대금 등

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The Plaintiff’s succeeding intervenor appealed each of the appeals against the Defendant and C, but all of the appeals were withdrawn on May 1, 2018.

Defendant and C lodged each appeal against the joint Plaintiff A (hereinafter referred to as “A”) and the Intervenor succeeding to the Plaintiff in the first instance trial, and C voluntarily withdrawn the appeal against the Intervenor succeeding to the Plaintiff on April 25, 2018, and the Defendant withdrawn the appeal against A on June 22, 2018.

Therefore, the subject of this court's adjudication is limited to the claim of the plaintiff succeeding intervenor against the defendant.

2. Basic facts

(a) In concluding the first contract for the construction contract, the chairperson D of the board of directors of the dispute resolution committee and the representative director C. F of the dispute resolution committee shall be referred to as "A", and "A" and "B" shall be agreed and faithfully implemented as follows:

The name of the construction project: The location of the construction project for the construction project for the new construction site for the factory at the time of racing-si: the construction project area of 28,130 square meters: January 30, 2010 to April 30, 2010: the construction area of 1.155 million won or April 30, 2010 to the (3 months): The construction area of value-added tax separate construction area: the land, excellent public works, structures, plantings, packagings, supplementary works, and other public construction methods: The payment of the application for payment shall be agreed upon as of the end of each month.

The specifications specifications amounting to 1: (a) 92,072,734 won 187,179,779,000 won 157,840 won 73,695,000 won 73,258,837,265 won 25,265 won indirect profit (2%) 125,965,990 won 60,000 won 1,470,000 won 73,695,00 won 1,258,837,265 won 25,176,745 won 125,965,90 won 1,470,000 won 1,470,000 won 78,150,000 won ; (b)

A) A, the representative director, on behalf of E, is each real estate listed in the separate sheet (hereinafter “instant land”) between C and the Defendant, the actual operator of C and C around January 2010.

) A contract for construction works related to the construction of a site site was concluded (hereinafter “the first contract”).