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(영문) 서울고등법원 2019.02.14 2018나2046965

손해배상 청구의 소

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation as to this case is that the corresponding part of the judgment of the court of first instance is added or added as set forth in the following Paragraph 2, and the defendant’s new assertion in the trial of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the following Paragraph 3, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On March 26, 2018, the Plaintiff concluded an additional contract for construction works related to the removal of waste soil and sand from the instant land to April 23, 2018, setting the construction cost of KRW 46,20,00 with Q on March 26, 2018. Accordingly, Q Q removed approximately KRW 284 tons from the instant land from March 26, 2018 to April 23, 2018; the Plaintiff paid KRW 46,20,00,00 from the said construction contract to Q on April 5, 2018; the Plaintiff paid KRW 46,70,00 from the said construction contract to Q on April 6, 2018; and the Plaintiff paid KRW 86,70,000 from the said construction contract to Q on April 6, 2018 to KRW 70,760, KRW 860, KRW 780, KRW 760,570.

A. Sub-paragraph 6 of Part XI of the first instance judgment “V” means “V”.

A. According to the reasoning of the judgment of the first instance court, “The fact that the Plaintiff paid” under the first instance court’s judgment No. 5, and “After that, the Plaintiff entered into an additional contract for construction works involving the removal of waste soil and sand at KRW 46,200,00 on March 26, 2018. Accordingly, Q took out approximately KRW 284 tons of waste soil and sand from the instant land from March 26, 2018 to April 23, 2018, and the Plaintiff entered into the said contract for construction works to Q Q around the end of April 2018.