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(영문) 서울고등법원 2019.07.04 2018나2064024
간접비 등 청구의 소
Text

1. Defendant among the judgment of the first instance, ordered payment in excess of the amount ordered below.

Reasons

1. The reasoning for the court’s explanation in this part is as follows: (a) the part of “1. Recognizing the facts of recognition” is identical to the part of “1. Recognizing the fact of recognition” from Chapter 2 to Chapter 5 of the judgment of the first instance, except for a partial completion as follows; and (b) therefore, it shall be cited by the main text of

In order to accept the attached Form of the judgment of the first instance, the attached Form is not separately attached (However, in the following cases, "the general conditions of the construction contract of Chapter XIII" shall be added to "the execution standard of the contract of this case" of Chapter 15 below) and the abbreviations established in the judgment of the first instance shall also be used below.

[Supplementary portions] Under the second sentence of the first instance judgment, the second sentence “3,58,711,00 won” has been added to “3,588,711,000 won”.

Of the part 3 of the first instance judgment of the first instance court, the phrase “ April 10, 2015” column “25,908,000 won” column “25,908,000 won” column shall be applied respectively to “4. 10, 2015,” and “25,908,000 won” column “25,908,000 won.

2. The reasoning of this part of the Plaintiff’s assertion is as follows, except for those written partially by the court, and the reasoning of this part is as follows: “2. The Plaintiff’s assertion is the same as the partial description, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.”

[Supplementary part] On the fifth of the judgment of the court of first instance, the part of the "indirect cost claim due to the extension of the construction period of this case" from 5 to 6 shall be raised as follows.

A. The construction period of the instant secondary water contract was extended from April 24, 2016 to June 30, 2016 due to the extension of the construction period of the instant secondary water contract, on the grounds that the Plaintiff is not responsible for claiming indirect costs due to the extension of the construction period. The Plaintiff lawful filing an application for indirect costs by claiming for the adjustment of the contract amount due to the extension of the construction period to the Defendant on August 24, 2016, before receiving the payment for the completion of construction works.

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