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(영문) 광주지방법원 2017.08.16 2016나60378
공사대금
Text

1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

1. The reasoning of the judgment of the court of first instance cited the part of the reasoning of the judgment of the court of first instance as set forth in the following Paragraph 2, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment as set forth in the following Paragraph 3 as to the assertion emphasized or added by an independent party intervenor in this court. Accordingly

2. Parts 1-a of the dried part;

Aviation 1-4 shall be cut to the following:

A. On March 10, 2015, an independent party intervenor entered into a construction contract (hereinafter “instant construction contract”) with the Defendant on the content that an independent party intervenor would transport soil and sand occurring during the said earth and sand construction (hereinafter “instant construction contract”).

The main contents are as follows:

ARTICLE 1-C

this subsection shall be filled by the following:

C. The Defendant undertaken the instant construction work by entering into a subcontract with the Treatment Industry Development Co., Ltd., the contractor of the Gwangju apartment construction, and the instant construction was terminated on January 2016.

ARTICLE 2-2

(1) Subparagraph 1 of Paragraph 1, the term “in the process of the construction of Magju C apartment,” means “in the process of the instant construction.”

ARTICLE 2-2

(2) Paragraph (1) of this Article provides that "the foregoing construction works" shall be construed as "the instant construction works."

3. Additional determination

A. In the “the appurtenant construction works and costs” of Article 2 of the instant construction contract asserted by the independent party intervenor, the “the aforementioned construction works” refers only to the soil and sand transport works subcontracted by the independent party intervenor among the instant construction works.

Therefore, the expenses for appurtenant works to be borne by an independent party intervenor pursuant to Articles 2 and 6 of the above Construction Contract shall be limited to 50% of the expenses for appurtenant works during the instant construction project. The expenses for appurtenant works claimed by the defendant in the offset defense are the expenses for appurtenant works for the entire construction of this case.

In addition, the evidence presented by the defendant alone is the only evidence of the above 487.

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