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(영문) 서울고등법원 2016.02.05 2015나2046759
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 295,150,752 and KRW 139,195,355 among them.

Reasons

1. The reasoning for the court’s explanation on this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the alteration of “1,350,000,000 won (including value-added tax)” into “1,350,000,000” in Part 2, 15 of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The reasoning for the court’s argument concerning this part is as follows: “The Defendant’s insurance premiums, etc., totaled of KRW 637,170,50,000, and KRW 1,500,000, which are paid by the No.D. C” under the main sentence of Article 420 of the Civil Procedure Act is to delete “39,251,130,” and “399,251,130,” respectively under the 14th and 17th of the 17th of the 14th of the 17th of the 17th of the 17th of the 14th of the 17th of the 17th of the 1

B. Determination as to the existence of a claim against the Defendant in this case 1) Of the construction price in this case, the Plaintiff paid C totaling KRW 580,100,000 among the construction price in this case; the Defendant paid C totaling KRW 272,869,040 to the subcontractor in lieu of C; and the Defendant, instead of C, directly paid KRW 310,000 out of the construction price in this case to the subcontractor in lieu of C; and the Defendant, as the person who had not been paid KRW 205,00,000 among the construction price in this case, deducted each of the above amounts from the construction price in this case from the amount of the construction price in this case. Accordingly, the Defendant’s assertion that the unpaid construction price in this case should be changed to the portion of KRW 292,030,960 [1,350,000,000, KRW 278,000, KRW 200; and the reasons for the court’s amendment to the portion in this case ②

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