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(영문) 서울고등법원 2017.06.09 2016나2043603

손해배상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the revision as stated in the following paragraph and addition of the decision in the trial as stated in paragraph (2).

B. 1) The portion to be revised is as follows: “the Plaintiff” of the 3rd 19th 19th 19th 19th 3th 1, as “the Defendant”; “this Court” of the 6th 13th and 7th 16th 16th ; “the instant contract” of the 8th 3th 8th 19th 3th 3th 2009, respectively, as “the instant construction contract”; “the 3th 7th 2009” of the 8th 9th 8th 2009, as “the around November 24, 2009”; “the said balance” of the 9 and 10th 10th 10th 10th 2th 3th 3th 2009, “the remaining 15th 100,000,000 won”; and “the 19th 3th 100,000 won” of the two accounts was changeded to “the 19.7.7 billion 3 billion.”

3 The first instance court's 8th trial's 16th trial's 16th trial's 20th trial's 20th trial's 16th trial's 16th trial's 20th trial'

In addition to the facts recognized in paragraph (2) above, the circumstances acknowledged by the above evidence and the statement of No. 3 as stated in the above evidence, namely, as long as the defendant's obligation to invest in the entire project cost of the business of this case is acknowledged by the execution agency contract of this case (the reason why the balance is insufficient in principle as a matter of Article 3 (3) of the enforcement agency contract of this case) is difficult to view that the defendant's failure to pay the balance and the delayed payment of the compensation amount of this case is a reason to deny the defendant's obligation to pay