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(영문) 서울고등법원 2019.11.14 2017나2068562

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and all the evidences adopted in the court of first instance are acknowledged as legitimate even if they are examined.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for a partial dismissal as follows. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established by the judgment of the first instance court is used below the same.

[Supplementary part] On No. 2 of the judgment of the court of first instance, the defendant in Section 6 " was added to "the defendant (the trade name was "B corporation" and changed to "P corporation" on January 16, 2017)."

Part II of the judgment of the first instance, "(including value-added tax; hereinafter the same shall apply)" shall be added to "(including value-added tax; hereinafter the same shall apply)".

Part 2 of the judgment of the court of first instance, "(including paper numbers)" in Part 12 shall be added to "(including paper numbers; hereinafter the same shall apply)".

Under the second part of the judgment of the first instance, the term "scriptive construction" in the 4th and 3th 13th scriptive construction shall be applied to each "scriptive construction (excluding steel materials and ready-mixed)".

4. On April 12, 2016, N (O) 50,000 N (O) 5,00,000 M, G, and H first instance judgment No. 6, 4, and 5, as follows.

Part 6 of the judgment of the court of first instance shall be subject to the following from Part 5 to Part 2:

1) In light of the following facts and circumstances, i.e., whether the above facts are true, i.e., E evidence Nos. 2, the appraiser’s appraisal result, and the fact-finding results by the appraiser of this court, i.e., the Plaintiff’s representative C and D on behalf of the Defendant was set at KRW 715,00,000, including reinforced concrete construction, at the time of entering into the above contract, at the time of entering into the contract, and (ii) on November 2, 2015, the Plaintiff signed the “verification” column at the bottom of the quotation (Evidence No. 2-1) presented by C on November 2, 2015.