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(영문) 서울고등법원 2020.02.06 2019나2032888
공동원가분담금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part is that the part of “1. Basic Facts” from No. 6 to No. 10, No. 11 of the reasoning of the judgment of the court of first instance is the same, except that the construction industry group under No. 7 inside the upper part of the judgment of the court of first instance is used as “construction industry team”. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. Determination as to the claim against Defendant C and D and the claim against Defendant E (2,144,92,92,924 won and damages for delay)

A. The summary of the Plaintiff’s assertion 1) Article 15(1) of the Agreement on the Joint Operation of the instant case provides that the implementation budget shall be determined by the construction management committee upon approval of the implementation budget. The agreement on September 14, 2004 provides that “if the principle for the initial appropriation of the project team exists, it shall be confirmed the contents thereof.” The term “the principle for the initial appropriation of the project team” refers to the criteria for the preparation of the joint implementation budget of the instant case. Therefore, the indirect expenses included in the implementation budget of the RJ shall be revised in accordance with the criteria for the preparation of the joint implementation budget of the instant case. Even if the agreement on the outline of the indirect expenses item was not reached, it is reasonable to divide it in accordance with the criteria for the preparation of the joint implementation budget of the instant case, even if the indirect expenses item was not reached, it was divided in proportion to the share ratio of the indirect expenses prior to the receipt of the request for the completion payment. Accordingly, Defendant C and D, as a result, were allocated to the Plaintiff under KRW 2,14,4929 and 254.

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