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(영문) 서울고등법원 2017.09.21 2017나1013
공사대금반환채권 등
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 reasoning of the judgment of the court of first instance cited in the instant case is the same as the reasoning of the judgment of the court of first instance, except where the judgment of the court of first instance was adopted or where the judgment of the defendant's new argument is added. Therefore, it is accepted pursuant to the main sentence of Article 420

[Supplementary or additional parts] The 5th and below payment shall be made in the form of “payment”.

8 The following shall be added to 4 pages:

【4) The Defendant asserts that, inasmuch as the Plaintiff unilaterally obstructed the construction site of this case and obstructed the implementation of the construction, the Plaintiff should pay to the Defendant the amount equivalent to the amount of the additional construction related to the main construction and the main construction, the direct operation, and the design modification-related additional construction as compensation for the performance profit.

However, as seen earlier, the instant construction project was terminated on the ground that the Defendant did not complete the construction by the agreed completion date, and there is no evidence to prove that it was impossible to implement the construction due to the Plaintiff’s fault.

The defendant's above assertion is without merit.

"The testimony of the witness E and witness F of the first instance trial alone is insufficient to recognize that the plaintiff and the defendant changed the construction period of the contract of the neighborhood living facilities of this case, and there is no other evidence to prove otherwise.

The defendant's above assertion is without merit.

The following shall be added to 10th 7 pages. The Defendant: (a) the main text of the instant construction has already been made around October 2012.

As agreed, parts of the structure have been constructed and completed by social norms, and not so.

Even if the construction is delayed due to the design change, additional construction, supplementary construction, and the plaintiff's obstruction of construction.

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