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(영문) 부산고등법원 2016.01.28 2015나52299

공사대금

Text

1. The appeal by the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) and the claim by the Plaintiff (Counterclaim Defendant) added at the trial.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the plaintiff of the first instance court's "the plaintiff" of the fifth page 15 of the fifth page 5 of the first instance court's ruling as "the defendant"; and (b) the plaintiff of the second instance court's evidence No. 26 and the witness D's testimony, which are additionally present in the court's trial, are rejected; and (c) the following additional judgments are the same as the reasons for the first instance court's judgment, and thus, they are cited pursuant to the main sentence of Article 4

【Additional Judgment】 The Plaintiff and the Defendant agreed to set the instant construction cost at KRW 1.98 billion, including the Additional Construction Work, on June 18, 2013. As such, the Defendant is obligated to pay the Plaintiff KRW 1.98 billion, the Defendant is obligated to pay the Plaintiff KRW 4.4.1 billion, deducting the Plaintiff’s already received KRW 1.575.9 billion. However, the Defendant’s testimony that conform to the above alleged facts is difficult to believe, and there is insufficient evidence to acknowledge it solely on the basis of the written evidence No. 9, No. 7-1, and No. 100, and No. 7-10, and No. 10.

2. If so, the judgment of the first instance is legitimate, and all of the plaintiff's claims added in the appeal and trial of the plaintiff and the defendant are dismissed.