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(영문) 서울고등법원 2019.05.10 2018나2026923

공사대금

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 reasons for the entry of this case by the court of first instance is as follows: (a) according to the 2th judgment of the court of first instance, the 3rd and D Multi-household Housing Construction Corporation (hereinafter “instant construction”) shall be added to the following: (b) the 3rd and fourth (hereinafter “the instant agreement”) shall be read as “the instant agreement” and the 3rd and fourth (hereinafter “the instant agreement”) shall be read as “the instant other agreement,” and the document stating the agreement shall be read as “the instant other agreement,” and the 420 main sentence of Article 42 of the Civil Procedure Act shall be cited as it is, except for the addition or supplementary decision as follows, since it is stated in the reasons for the judgment of the court of first instance.

2. Additional or supplementary judgment

A. Determination as to other accounts and claims for total amount of 1) Defendant’s assertion (1) 2 was made by filling the date on which the Plaintiff was made at will on October 15, 2016 and attaching a detailed statement of D contract and payment/paid (No. 2-3 pages). The instant agreement, which was duly made, is the witness Eul 15, ② The high rate of the construction performance of the instant project performed by the Plaintiff at the time of the instant other agreement is 80%, and the amount of the completed portion is approximately KRW 376,092,710, and approximately KRW 400 million was already received from the Defendant. ③ If the Plaintiff’s representative director G fails to complete the construction by November 30, 2016, the Plaintiff’s total amount of KRW 100 million was 50 million with Defendant F and E, 200,000,0000 won and KRW 500,000,000,000,000 won and KRW 600.