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(영문) 서울고등법원 2019.06.13 2018나2062646

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the reasoning for the judgment of the first instance is as stated in the part of “1. Basic Facts” from Nos. 10 to No. 5, 2, 10 to 5, except for a partial dismissal as follows; and (b) thus, this part is cited in accordance with the main sentence of Article

The attached Form of the judgment of the court of first instance shall not be separately attached, and an abbreviationd name established in the judgment of the court of first instance shall be used below the same as it is.

[Supplementary part] On February 8, 2012, the part of the judgment of the court of first instance was written by adding " February 13, 2012" to " February 8, 2012."

Part 4 of the judgment of the first instance court, " December 19, 2014" in Part 6 shall be applied to " December 18, 2014".

Part 4 of the first instance judgment "1,937,736,064 won" shall be added to "1,937,738,064 won".

Part 5 of the judgment of the first instance (based on recognition) is added to the "Evidence 29 of the A".

2. The reason why the court should explain this part of the judgment on this part of the Defendant’s defense is as stated in the part of “the judgment on the Defendant’s defense on this part” from No. 5, No. 6 to No. 6 of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. The reasoning for the court’s explanation on this part of the claim for indirect construction cost is as follows: (a) the part of the claim for indirect construction cost is indicated “the occurrence of the claim for indirect construction cost 3.” from No. 7 to No. 14, 20 of the reasoning of the judgment of the court of first instance, and thus, (b) this part is cited in accordance with the main sentence of

[Supplementary part] Part 9 of the first instance judgment "6.34% for the work completed, 4.87% for the remainder" shall be added to "6.34% for the work completed, and 0% for the remainder" only for the work completed.

Part 11 of the judgment of the first instance court, the "paragraph 2" in Part 12 shall be applied to "paragraph 1".

Part 14 of the judgment of the court of first instance (hereinafter referred to as "D.") shall be applied to "C."

4. Calculation of the amount of indirect construction cost;

(a) Contract term;