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(영문) 부산고등법원(창원) 2019.07.25 2018나11056 (1)
하도급대금 등 청구의 소
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The plaintiff at the first instance court, including the scope of the trial, claimed KRW 400,00,000 for the subcontract price payable due to the error in the calculation of the time limit, ② KRW 300,00,000 for the subcontract price unpaid due to the failure to apply the additional 5% of the subcontract price, ③ KRW 20,000 for the tort subject to the non-application of the additional 20% of the subcontract price. The court of the first instance dismissed the lawsuit, ② the claim, ③ the claim, ③ the plaintiff dismissed the lawsuit, ③ the claim, ③ the plaintiff appealed only to the above claim, ③ the plaintiff appealed (the plaintiff withdrawn his claim) and the above claim ② is excluded from the scope of the trial of this court.

On the other hand, the plaintiff added claims for damages caused by the defendant's deception or mistake, and five additional payments for damages caused by the defendant's improper payment of the revised and additional construction works, but maintains the original purport of the claim and appeal. The plaintiff's above 4 and 5 claims are judged by selective claims.

2. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows, except for the addition of the judgment on the claims added by the court of first instance to the court of first instance as set forth in the following 3. Thus, it is cited including summary language under the main sentence of Article 420 of the Civil Procedure Act.

(other than the part related to the claim). (2) Additional determination

A. The plaintiff made a contract between the plaintiff and the plaintiff by deceiving or inducing mistake as if the defendant did not properly calculate the subcontract price according to the method of calculating the contract price. This constitutes a tort under Article 750 of the Civil Act or a violation of Article 4 (2) of the Subcontract Act, and thus, the defendant paid the plaintiff the total amount of the subcontract price to the plaintiff.

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