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The part against the defendant exceeding the money ordered to be paid under the judgment of the first instance shall be revoked and revoked.
Reasons
1. Basic facts
A. 1) The organization of a joint contractor and the conclusion of a contract; the Plaintiff, the Defendant, and C (hereinafter referred to as “C”);
[Attachment-si D] Ground E (hereinafter “instant treatment facilities”) around August 2008.
2) Construction work (hereinafter “instant construction work”)
(2) The joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) whose representative is the Plaintiff to execute the project by contract.
a) constitutes a joint supply and demand agreement consisting of 5%, 20%, and 25%, respectively, of the investment rates of plaintiffs, defendants, and C (hereinafter referred to as the “instant joint supply and demand agreement”).
(2) On December 26, 2008, the instant contracting body concluded a contract with the Public Procurement Service affiliated with the Republic of Korea and the instant construction work, with the construction cost of KRW 14,300,000,000, and with the construction period from December 26, 2008 to May 20, 2010, and with the delayed payment rate of KRW 0.1% per day (hereinafter “instant contract”).
Since then, the construction cost of the instant contract was 14,159,200,000 won, and the construction period was changed from December 26, 2008 to May 30, 2010.
3) At the time of the conclusion of the contract, the instant joint supply and demand company agreed that the pertinent joint supply and demand company shall be obligated to perform the construction work after the completion of the contract within a specified period not exceeding the performance guarantee period, and the instant joint supply and demand company shall be obliged to perform the construction work after the completion of the construction work within the scope not exceeding the performance guarantee period. (b) On May 201, 201, the instant joint supply and demand company agreed that the instant joint supply and demand company shall bear all the costs of waste disposal, etc. during the said joint supply and demand period, with the completion of the construction work of this case, around the end of 2010, the instant joint supply and demand company shall complete the construction work of this case and complete the construction work of this case around May 2010.