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(영문) 서울고등법원 2017.11.29 2017나2011788
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance citing this case is the same as the ground of the judgment of the court of first instance excluding the case written by the court of first instance as set forth in the following Paragraph (2).

2. Parts used by this court;

A. From 5th of the judgment of the court of first instance, the first-class 16 to 6th of the first-class 4 were followed as follows.

The summary of the Defendant’s assertion is as follows: (a) the Defendant’s Intervenor performed construction works other than contractual details under the direction of Ulsan Construction; or (b) the construction cost was increased due to any cause not attributable to the Defendant’s Intervenor; and (c) such part was not properly settled as construction cost; and (d) the amount equivalent to the Plaintiff’s share of the construction cost additionally to be paid by the Defendant’s Intervenor

Therefore, there is no advance payment to be returned by the Intervenor due to the termination of the instant subcontract. Even though there was no work instruction, approval, or agreement on construction other than the contract details executed by the Defendant joining the Defendant, the Plaintiff received the increased construction cost from the ordering authority, and did not pay it to the Defendant, as the Plaintiff did not receive the construction cost other than the above contract details, or the amount equivalent to the construction cost increased due to the reasons not attributable to the Defendant joining the Defendant, and did not receive it from the advance payment, the Defendant did not have to return it.

B. As the defendant's assertion, the following facts are found or the fact-finding on the part of the evidence Nos. 1, 4, and 7, the witness B, and C, and the part of the defendant's testimony in the first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court'

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