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(영문) 부산고등법원 2015.12.03 2014나6787

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, and those resulting from the participation in the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The part concerning the claim for the execution of procedure for the change of name on the ledger of land allotted by the authorities in recompense for development outlay (hereinafter "the claim of this case") against the defendant" [the basic facts of paragraph (1) (the "the contract of this case," the "the construction work of this case," the "the contract of this case," the "the contract of this case," and the "the construction work of this case," the "the contract of this case," and the "the contract of this case," and the part concerning the claim of this case among the plaintiff's claims of paragraph (1) and paragraph (4) and paragraph (4) of Article 420 of the Civil Procedure Act" are the same as the part concerning the claim of this case,

2. At the time of the instant contract for the determination of additional amount, the Plaintiff may arrange the construction site after passing the completion inspection and claim the Defendant for the payment of the construction cost (Article 25 of the General Terms and Conditions of Contract A, No. 2-2 and the Standard Terms and Conditions of Contract). The Plaintiff shall complete the construction before completion inspection, and if any construction is pointed out or supplemented at the time of completion inspection, and shall perform it and obtain the completion inspection (Article 10 of the Special Agreement Form No. 10), and 610 million won (the estimated amount until August 31, 2009 for the project cost plus operating expenses, office expenses, and other expenses) to the Defendant. The Plaintiff additionally bears (Evidence No. 2-4, No. 2-1, No. 1, Article 3 of the Special Conditions of Contract for Construction, and Paragraph 6 of the Special Agreement). ③ The Plaintiff is fully liable to the Defendant for the damages incurred by the Plaintiff in the instant case, other than the costs of the instant contract or other similar expenses incurred by the Defendant.