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(영문) 부산지방법원 2020.05.15 2019나43801 (1)
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. As to the Plaintiff’s claim for joint reimbursement of expenses, as indicated in the Defendant’s assertion, the Defendant spent the construction cost by directly executing part of the instant construction work that the Plaintiff should construct pursuant to the instant subcontract. Since the Plaintiff is obligated to pay the Plaintiff’s share of the cost for waste treatment or services jointly borne by the subcontractor, the sum of KRW 93,514,650 [the sum of KRW 1,907,50 (Attached No. 2,4,500) less the Plaintiff’s share of the cost for waste disposal corresponding to the portion for which the claim for reimbursement was reduced by the Plaintiff’s owner at KRW 95,42,150 (Attached Form 2,6)] shall be deducted from the construction cost under the instant subcontract. 2] Article 7(f) of the Special Conditions for the instant subcontract that “The Plaintiff did not dispose of the Plaintiff’s waste generated from the Plaintiff’s construction work at the site, and the cost for disposal of household waste generated at the site shall be entirely deducted from the Plaintiff’s share of construction work at the site without completion date.”

C. The defendant around July 23, 2015 and August 3, 2015

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