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(영문) 부산고등법원(창원) 2015.04.16 2014나1723
공사대금
Text

1.The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

In this case.

Reasons

1. The reasons for the court's explanation concerning this part of the judgment of the court of first instance are as follows: ① ex officio determination of the primary claim for the construction price for the portion of 1, 2, and 3 months in the lawsuit of this case; ② The decision of the court of first instance as to the conjunctive claim added by the plaintiff in the trial of the court of first instance is as follows: (i) 4, 1, 3, 6, 5, 7, 11, 8, 8, 18, 10, 4, 8, 4, and 8 are as follows; (ii) 1, 420 of the lawsuit of this case; (iii) 5, 7, 6, 7, 8, 8, 8, 8, 10, 4, 4, 8 are as follows; and (iv) 10, 420 of the Civil Procedure Act

2. Matters to be used for cutting;

A. On the other hand, the Plaintiff and the Defendant made an agreement on the settlement of accounts as follows with respect to the construction work on February 20, 2013 as to the construction work on March 20, 2013, as to the construction work on March 20, 2013, as to the construction work on March 20, 2013, as to April 20, 2013, and as to the construction work on March 20, 2013, and the Defendant paid to the Plaintiff the amount of money as stipulated in each settlement agreement.

B. The gist of the Plaintiff’s assertion is as follows: 6. From Nos. 5 to 7.11

A. Given the characteristics of the primary claim shipbuilding business, where another company acquires and continues the construction by accepting the abandoned construction, the construction period has been delayed due to the waiver of the construction, and there are many difficulties in the progress of the construction, such as damage to the vessel block due to the neglect of the construction site.

In order to reduce the delayed construction period, the transferee company is likely to suffer damage due to additional personnel expenses, such as the performance of night work, steel field, and brick work, etc.

Considering these circumstances, the Defendant agreed to pay the Plaintiff the number of workers who the Plaintiff invested to the Corporation and the time zone (number of workers x unit price x work hours x work hours) that they worked.

In addition, the amount that includes adequate profits from the above personnel expenses and management expenses is reasonable.

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