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(영문) 서울고등법원 2016.01.12 2015나8447

추심금

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. The reasoning for the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance except for the addition of the following. Thus, it is acceptable to accept it as it is by the main text of Article 420 of the Civil Procedure Act.

In the judgment of the first instance court, the following judgments are added to the part of the judgment. The evidence submitted by the Defendant was included in the evidence No. 24, No. 25-1, No. 25-6, and No. 26, and the part on the claim for delay, which was rejected in the first instance trial, is insufficient to acknowledge the defect. The part on the claim for delay compensation, “(c)” of the first instance court 7, is amended as follows. (c) The Defendant agreed to pay KRW 300,000 to the supplementary intervenor and the Defendant for delay, and the supplementary intervenor agreed to pay KRW 300,000 each day of the instant construction, including the change and expansion of the instant construction, and thus, the supplementary intervenor’s obligation to pay the Defendant the price for delay compensation from 200,000 won to 300,0000 won to 30,000,000 won to 30,000,000 won per day after the completion date of the instant construction agreement.

As to this, the plaintiffs asserted that the Corporation terminated at the time of applying for completion inspection, since it is a separate construction that is not included in the instant construction work, such as the modification and expansion of the instant case.

2) Whether there was an agreement to complete the construction work by December 20, 2013, including the instant change and expansion, etc. (A) the following circumstances may be inferred in full view of the overall purport of the pleadings in the written evidence Nos. 7 and No. 1. 1.

In other words, construction works prepared by the Defendant and the Intervenor at the time of the instant contract.