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(영문) 수원고등법원 2020.12.10 2019나15041

공사대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following amount ordered to pay.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, adding, or deleting, as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the evidence of “A” No. 1 of the first instance, “A” of the evidence of “B”, “B” of the evidence of “B”, shall be written in a lump sum,” of the evidence of “B”.

The fourth and twenty nine parts of the judgment of the court of first instance shall be completed as follows:

1. “B” must strictly maintain the date of delivery, and shall be supplied safely at the place of delivery designated by A, and the risk burden incurred prior to that time shall be borne by B. The fourth 29 pages of the first instance judgment shall be added as follows:

"Article 6 (Change of Manyang) If it is deemed necessary for A to change the content of the Manyang which A notifies to B, it may be changed after consultation with B.

Article 8 (Correction of Defects)

1. B shall, upon receiving a request for defect repair from A, carry out immediately repair work or exchange the relevant goods or goods with more goods;

2. The expenses for follow-up management performed during the warranty period shall be fully borne by the person;

3. If A/S occurs after the expiration of the warranty period, the costs for the supply of the goods in question and the dispatch of experts for A/S shall be borne by A.

“The portion of “the creation and installation works (one place)” in Section 3 and 4 of the first instance judgment shall be deleted (Evidence 2). The “the instant contract” in Section 1 of Section 7 (excluding the part in the table) of the first instance judgment shall be deemed to be “the instant secondary contract.” The parts of Sections 3 through 5 of the 12th (excluding the part in the table) of the first instance judgment shall be deemed to be “the instant second contract.” [the grounds for recognition] of the absence of dispute, the facts of Gap 1 through 9, 13 through 16, 20, 22, 26, 29, Eul 1, 2, 4 through 6, 10, 14, 20, 21, 21, 14, 20, 21, 14, 21, 14, 14, 21, 14, 14, 14, 14, 1 of the entire pleadings.”