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(영문) 서울고등법원 2019.09.18 2017나2065792
하도급계약보증금
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

The grounds for appeal by the intervenor joining the court of first instance for the acceptance of the judgment are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment in the court of first instance are recognized

Accordingly, the reasoning for this Court concerning this case is as follows, and the reasoning for the judgment of the court of first instance is identical to that of the court of first instance except for the addition or dismissal of some parts as follows. Thus, it is acceptable to accept this as it is in accordance with

▣ 제1심 판결문 제2면 제20행, 제3면 상단 [표] 아래 제3행 중 각 “노무비” 앞에 “그중 건설산업기본법 등에 따라 압류대상에서 제외되는”을 각 추가한다.

▣ 제1심 판결문 제4면 [표] 내부 제14행과 제15행 사이에 다음과 같은 기재를 추가한다.

Article 14 (Change or Suspension of Construction Work) (1) A shall deliver to B the terms and conditions of the construction work, if any change or addition of the details of the construction work, or the temporary suspension of the whole or any part of the construction work, at the request of the project owner, or upon his/her design modification, etc.

(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:

However, the same shall apply to the modification of the design from the ordering person to the extent adjusted by the ordering person.

1. An increased or decreased construction work;

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