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(영문) 서울고등법원 2019.10.31 2018나2072230
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the judgment of the court of first instance, except for the cases of either adding or adding some parts as follows, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

【The rate of liquidated damages for delay: 1/100” in Part 5 of Part 3 of Part 5 of the judgment of the court of first instance shall be added to "1. The rate of liquidated damages for delay: 1/1000 of total contract deposit (daily day).

Under the third page of the judgment of the court of first instance, “Article 26 (Partial Use) (1) The defendant may use all or part of the object of construction with the consent of the plaintiff, even if prior to the delivery of the object of construction.”

Under the fourth page of the judgment of the first instance, the defendant shall deduct the amount equivalent to the part from the contract amount if the defendant uses the whole or part of the object of construction in accordance with the provisions of Article 26 in the application of paragraph (1)."

On the 6th of the judgment of the court of first instance, the "part of testimony of witness E" in the 8th of the judgment shall be made "part of testimony of witness E".

2. Summary of the parties' arguments

A. Plaintiff 1) With respect to the instant construction project, KRW 260,150,00 for the design modification of the first time, KRW 101,20,00 for the second design modification of the second time, and KRW 99,000 for the increase and alteration work, and KRW 92,40,00 for the interior work added to KRW 92,00 for the interior work. Although the Plaintiff completed all the construction work in accordance with the instant construction contract, the Defendant paid KRW 3,592,00 for the construction work amount ( KRW 3,646,50,000 for the original construction cost + KRW 3,388,000 for the construction cost + KRW 120,000 for the first time design modification, KRW 84,000 for the construction cost plus KRW 84,000 for the construction work cost, KRW 50,000 for the remainder of the Defendant’s design change, KRW 205,000 for the construction cost.

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