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(영문) 서울고등법원(인천) 2020.11.20 2019나10772
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition as set forth in the following paragraph (2). Thus, the court's explanation of this case includes summary language pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The attached Form 1 of the judgment of the court of first instance, which is dismissed or added, is changed to “the details of payment” in this judgment.

The two pages 16 of the judgment of the first instance and 18 each "1,432,96,558" are "1,44,312,125 won". The plaintiff and the defendant stated on August 21, 2020 that there is no dispute over the settlement of the amount paid at the face value of the bill for the construction work paid at the bill on the sixth day of pleading of this court. It is the result calculated at the face value of the bill.

The second half of the first instance judgment "2,467,216,153 won" shall be "2,478,531,720 won".

The first instance court's third 6 pages "after the second 6th son's rank" shall be "after the second 2017."

The part of "(2) and (3)" in the judgment of the first instance shall be as follows:

[2) The Plaintiff continued to complete the instant construction work on or after September 2017, and around November 2017. The Defendant paid the Plaintiff KRW 3,275,709,301 (= KRW 1,215,50,500,209,209,301) a total of KRW 1,440,646,558, and paid directly to the Plaintiff the Plaintiff KRW 1,290,08,115 (= KRW 914,68,68,315) with the Plaintiff’s direct payment of KRW 914,974,628,628 (= KRW 375,709,709,300) with the Plaintiff’s direct payment agreement, and failed to pay the Plaintiff total of KRW 54,75,714,140,146,581,585).

3) The Plaintiff transferred KRW 209,610,00 among the claims of KRW 544,974,628 as above to H on October 20, 2017, and the Defendant is obligated to pay the remainder of KRW 335,364,628 (=54,974,628 - 209,610,000) and damages for delay to the Plaintiff. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 335,364,628 (i.e., KRW 54,974,628 - 209,610,00).

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