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(영문) 서울고등법원 2020.08.20 2020나2005387
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff and the defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence additionally submitted in the court of first instance is examined, the fact-finding and judgment of the court of first instance are justified.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for a partial dismissal or addition as follows. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] The following shall be added between the 10th page 10 of the judgment of the first instance and the 10th page 1 of the judgment.

“The deadline for completion before and after the modification” under the construction contract (Evidence No. 6-4) dated December 10, 2009 prepared by changing the instant construction contract from a long-term continuing contract to a continuing expenditure contract on December 10, 209 shall be indicated “the period for completion before and after the modification” on December 10, 209, and “the period for completion after the modification” on June 30, 2013” on June 5, 2013. However, as the contract method for the instant construction is changed from a long-term continuing contract to a continuing expenditure contract, the term “the number of vehicles” under the premise of a long-term continuing contract does not exist, and it is difficult to give the meaning to “the fifth vehicle” mark as indicated in the “the period for completion after the modification” column. 8 of the judgment of the court of first instance, “the 1019.”

No. 11 of the judgment of the first instance court, the 10th "influence" of the 11th judgment shall be applied to the following: "Influence, and there is no data to confirm that the person works."

Under the 11th judgment of the first instance court, the last action from the second to the second action "(2) seems reasonable to include the above persons in the number of persons subject to calculation of indirect labor cost, considering that they are engaged in supporting work at the work site."

② Since J, K, and L, among the above persons, have engaged in assistive work at work sites during the second air extension period, indirect labor costs.

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