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(영문) 대전고등법원 2015.12.24 2014나725
공사대금
Text

1. Of the judgment of the court of first instance, the money that orders payment under the following is a failure of Plaintiff Bo Chang-gu Co., Ltd.

Reasons

1. The reasoning for the court’s explanation in this part is as follows, except for the addition of “No. 34” to “No. 6” in the judgment of the court of first instance between the 6th and the 6th, and the corresponding part of the reasoning for the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"5) The supplementary intervenor filed a lawsuit against the defendant for the claim for construction cost [the Seoul High Court 2015Na10136, 2015Na16356 (Counterclaim), 2015Na16356 (Counterclaim)] while receiving a subcontract for the instant commercial building from the defendant but not receiving a part of the subcontract price. The appellate court (Seoul High Court 2015Na101350, 2014Gahap4517) decided on October 8, 2015 that "The supplementary intervenor is not the P, but the supplementary intervenor is the supplementary intervenor (P is only the person delegated the overall management and supervision of the instant commercial building construction from the defendant). However, the supplementary intervenor is not a contracting party for the entire commercial building of this case, but is not a contracting party for the entire commercial building of this case, and it is reasonable to deem that the supplementary intervenor was awarded a contract for the remaining portion except for the outer wall, artificial wall, artificial stone construction, fire fighting construction, and power transformation construction, etc.]

2. The parties' assertion

A. The plaintiffs' assertion that the defendant directly carried out the instant pension and the construction of a new commercial building; P was delegated by the defendant with supervision over each of the above construction sites; and the comprehensive construction and support intervenor merely lent the comprehensive construction license to the defendant.

The plaintiffs' "the details of the claim" in attached Form 1 among the construction works of the instant pen and commercial building, even though they completed the construction works as stated in the corresponding sheet, the defendant's "the amount of claim" in attached Form 1.

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