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(영문) 부산고등법원 2018.11.14 2017나50075
공사대금
Text

1. From October 28, 2014 to November 14, 2018, the defendant among the judgment of the court of first instance, KRW 57,050,318 to the plaintiff.

Reasons

1. Under the main sentence of Article 420 of the Civil Procedure Act, basic facts and the corresponding part of the judgment of the first instance shall be cited by the parties.

2. Formation and scope of a claim for additional construction cost;

A. The reasoning for this part of the court's rejection of the first instance court's rejection is as follows: even if the statements and images of evidence Nos. 27 through 34, which were additionally presented in the trial, are presented at the court below, they are cited in accordance with Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the judgment of the first instance, except where it is added to the fact-finding or it is insufficient to recognize the plaintiff's assertion.

B. The part received by the first instance court is constructed (amounted to 28,459,960 won) by raising the middle part of the retaining wall of this case above the height stipulated in the original construction contract of this case (the plaintiff's claim amount to 28,459,960 won), ② additional construction of the retaining wall of this case (amounted to 72,949,470 won) according to the length and height of both sides of the retaining wall of this case, ③ additional construction of the retaining wall of this case (the plaintiff's claim amount to 72,949,470 won), ③ alteration of the location, length and height of the retaining wall of this case's retaining wall of this case's case's length and height, and additional construction (the plaintiff's claim amount to 51,128,760 won) of the building site of this case to secure rest at the time of destruction of the retaining wall of this case(the plaintiff's claim amount to 30,500,000 won and construction work of the retaining wall of this case's.

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