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(영문) 대전고등법원 2019.08.14 2018나15718
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Defendant.

Reasons

1. The reasons for this part of the facts are as follows: “The remaining Defendants and Defendant B’s taking-over intervenors except for the Defendant Union” in Sections 3 and 4 of the judgment of the court of first instance are as follows: “The Defendants listed in the attached Table 1 List Nos. 3 through 11, 13 through 23, 25 through 95, 97 through 100, and 104; “the instant contract” in Chapter 3, Section 11 (hereinafter “instant contract”; and “the instant contract” in Chapter 3, Section 11 (hereinafter “instant contract”; and “the instant construction” is as stated in the corresponding part of the judgment of the court of first instance, and this part is as is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff completed the instant construction work under the agreement with the Defendant Union. While the Defendant Union was performing the instant construction work in accordance with the instant contract, the instant construction work was inevitably interrupted due to the Defendant Union’s failure to perform the necessary prior work. Therefore, the Defendant Union is obligated to pay to the Plaintiff the Plaintiff the sum of KRW 1,670,420,890 for the construction cost of the instant construction work and the partial construction cost of KRW 1,534,929,890 for the instant construction work. However, the Defendant Union is obligated to pay the Plaintiff the amount of money equivalent to the said construction cost and the delay damages therefrom as compensation for the nonperformance thereof, and the Plaintiff is asserting that each of the aforementioned arguments is compatible with each other, and thus, the remainder of the Defendants association except the Defendant Union, as members of the Defendant Union, are jointly and severally liable for the payment of the construction cost in accordance with the Articles of association of the Defendant Union and Article 31,31.

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