logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.07.19 2017나10976
공사정산금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

The reasoning of the judgment of the court of first instance, which accepted the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except for the following cases, and thus, they are cited by the main sentence of Article 420 of

[Supplementary part] On No. 5, No. 20 of the judgment of the court of first instance, the testimony of witness E shall be taken into consideration as "the testimony of witness E of the court of first instance".

The testimony of the witness E and F in the 7th judgment of the first instance court shall be written with "each testimony of the witness E, the first instance court, and the first instance court witness F," respectively.

In the judgment of the court of first instance, the lesser portion between the 7th and 8th 16th , shall be added as follows:

① A responsible supervisor and his assistant supervisor, after conducting supervision at the construction site of this case, shall prepare and submit a monthly supervision report at the time Asan, the ordering authority, and the Plaintiff, based on the supervision report, submitted a report on the results of the inspection of gender at the time Asan, claiming construction cost.

Until the four-time progress payment of the Defendant immediately before the discontinuance of the instant construction project, KRW 1,168,565,00 in total claimed by the Plaintiff at Asan City = KRW 1,168,565,00 in total 1,168,565,00 in 120,065,000 in 267,000 in 3-time claim amount of KRW 524,50,000 in 4-time claim amount of KRW 524,50,00 in 4-time claim amount of KRW 1,932,167,00 in 60.479% in total.

② Since the discontinuance of the instant construction work by the Defendant, E, a director of the Plaintiff, was appointed as a field manager on May 13, 2014, the review was conducted with the responsible supervisor on the actual state of fairness.

③ In the supervision report as of April 30, 2014, prepared by the responsible supervisor, the cumulative rate of construction up to the time is planned 93.53%, performance 71.67%, and 76.6%, but the supervision report as of May 31, 2014 is written as the planning 62.0%, performance 60.6%, the cumulative rate of construction up to the time is planned 72%, performance 70%, and 97.2%.

(4) The progress ratio shall be the progress of construction works on the site based on the plan and process table submitted by the Corporation.

arrow