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(영문) 서울고등법원 2016.08.16 2015나2071991

공사대금

Text

1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) expanded in the trial, shall be modified as follows:

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the first instance court's reasoning, except for the part which is dismissed or added as stated in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.Up to 5 pages 8 to 12 of the judgment of the court of first instance which is dismissed or added are as follows:

A) On June 11, 2015, the Plaintiff confirmed that all of the instant subcontracted construction was completed, and that the Plaintiff completed the instant subcontracted construction. During the instant subcontracted construction, the Plaintiff acquired labor costs of KRW 13,300,000 from KK, which performed installation works of tree door among the instant subcontracted construction (the acquisition price is deemed to be included in KRW 109,230,000 for the instant subcontracted construction cost).

(2) The Defendants jointly and severally held that the Plaintiff is liable to pay KRW 134,530,00,00 (i.e., KRW 109,230,30,000, which is the sum of the cost of the instant subcontracted work (or the cost of the transfer) and the cost of the installation of the videophone for the said household (i.e., KRW 109,230,000). On the other hand, the Plaintiff paid KRW 25,30,000 for the cost of the installation of the videophone for each household in the instant building as follows. On the other hand, with respect to whether the Plaintiff spent KRW 25,30,00 for the cost of the installation of the videophone for each household in the instant building, there is insufficient evidence to acknowledge this otherwise.

F) Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 46,30,000,000 for the construction cost of electrical construction, paper installation and urban gas construction among the subcontracted construction in the instant case (i.e., KRW 11,300,000 for paper installation work of KRW 30,000 for paper installation work of KRW 30,000 for paper installation work of KRW 30,000 for paper installation work of KRW 5,000,000 for delay damages, and the Plaintiff’s principal

From 12 pages 7 of the first instance judgment.