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(영문) 서울고등법원 2020.12.11 2020나2003633
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, it shall be cited including summary language pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The third through nine of the judgment of the court of first instance shall be dismissed as follows.

“2) For the supply and demand of the instant construction, the Plaintiffs and WW, X, Y, and Z Co., Ltd. (hereinafter collectively referred to as “Plaintiffs, etc.”) constituted a joint supply and demand organization in the field of construction (However, the Plaintiffs constituted a joint supply and demand organization in the form of joint performance among the Plaintiffs, and the ratio of their investment was set at KRW A50%, Plaintiff B13.5%, Plaintiff C13.5%, Plaintiff D Co., Ltd., 13%, Plaintiff E Co., Ltd., 10%, and 10%, respectively), and the remaining companies, including Plaintiff W Co., Ltd., the joint supply and demand organization in the form of joint performance

Each "Plaintiff" of the 10th, 11th, 13th, 14th, 17th, and 4th, shall be considered as "Plaintiffs, etc.".

Part 5 of the judgment of the court of first instance, Q Co., Ltd. is turned into Q Co., Ltd. into Q.

The evidence No. 55 of the first instance judgment is added to “the grounds for recognition” of No. 6 of the first instance judgment. The phrase “Evidence No. 21, 33, and 34 of the first instance judgment” is deemed to read “each description of the evidence No. 21, 33, and 40 of the first instance judgment”.

The evidence No. 7 and No. 8 of the first instance judgment are as follows: "No. 41, and No. 42 of the A. 5 of the first instance judgment."

"On the other hand, the plaintiffs' compensation for delay with respect to H construction works is not yet paid when the defendant calculated the compensation for delay and deducted the compensation from the contract amount. Since the plaintiffs applied for the contract amount through the filing of the lawsuit in this case, the plaintiffs applied for the adjustment of the contract amount due to the modification of the design in G construction works.

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