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(영문) 서울고등법원 2015.09.23 2013나77340

공사대금반환

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim against the defendants is dismissed in entirety.

2...

Reasons

1. The facts of recognition;

2. Determination as to the cause of the action;

3. The reasoning for the court’s explanation as to the defendants’ defenses, etc. is as follows, and this part of the judgment of the court below is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the rejection of Gap evidence No. 20 and H’s testimony, which fall short of the reasonable result of the appraisal of the construction cost of the appraiser G of the court of first instance as additional evidence submitted in the court of first instance, as follows. Thus, this part of the judgment of the court of first instance is cited in accordance

Attacheds 1 and 2 of the judgment of the first instance court shall be replaced by Attacheds 1 and 2 of this judgment, and from the bottom of the third to 5-6 of this judgment, 335,017,184, and additional 363,984,000 won shall be the 335,017,184, and additional 363,984,285 won shall be the 363,984,285."

According to the above facts, the defendants are jointly and severally obligated to return 335,017,184 won of the non-construction cost to the plaintiff pursuant to Article 13(6) of the contract of this case, barring any special circumstances.

Part 6 11 "On the ground, 1-4 tent" shall be raised to "on the part".

Part 8 set forth below 4 in the table of the top group "I, but in the following order: "B shall set out 586 only" and "(586 only, and all 586 lines are supported by 2 cable lines, and 1 cable lines were omitted in the contract statement)" are added, respectively.

The table 2 to 8 of the top group is as follows.

A. The defendants asserted that the amount of additional construction should be deducted from the amount of the above non-construction work, and the defendants asserted it as offset. However, when calculating the construction work price following changes in the contents of construction, the difference between the construction cost of the non-construction and the additional construction cost or new construction cost shall be calculated and the construction cost of the non-construction portion shall be reduced or increased accordingly. In particular, the changed construction work shall be effected.