대여금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the
2. Parts to be dried;
(a) The fourth sentence of the first instance judgment in the first instance court shall be subject to the application of the part “Icheon District Court”.
B. Article 16 of the judgment of the court of first instance provides that “The service of an application for modification of the purport of the claim and the cause of the claim shall be made by serving the copy of the application for modification of the purpose of the claim and the cause of the claim as of July 11, 2016.”
다. 제1심 판결문 제8쪽 제17행의 “소비자믈가 인상률을” 부분을 “소비자물가 인상률을”이라고 고쳐 쓴다. 라.
The part of the 6th sentence of the first instance court's 9th sentence "in light of the refusal by the plaintiff, taking into account the refusal, etc., the plaintiff shall be deemed to have taken into account all the evidence submitted by the plaintiff up to the trial and the circumstances surrounding the assertion."
E. Article 33(2) of the Construction Contract Agreement provides that “The grounds for consultation on the unit cost of construction costs” in the 10th sentence of the first instance judgment shall be construed as “the grounds for consultation on the unit cost of construction costs shall be governed by Article 33(2).”
F. In full view of the aforementioned various circumstances and the specific contents under Article 36(2)2, 3, and 4 of the Construction Contract Agreement, the part of the evidence submitted by the Plaintiff in Part 6 of the first instance judgment No. 12, “4,” which is ultimately based on the evidence submitted by the Plaintiff, was determined as follows: (a) all the evidence submitted by the Plaintiff up to the trial and its assertion alone.
3. In conclusion, the plaintiff's appeal is dismissed as it is without merit.