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(영문) 서울고등법원 2019.11.20 2018나2019291
공사대금
Text

1. Of the ancillary claims in the judgment of the first instance, the Plaintiff who falls under any of the following subparagraphs:

Reasons

1. In addition to the reasoning stated in the reasoning of the judgment of the court of first instance with regard to this case, the part, other than the conclusion, is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The portion of the first instance court's decision that this Court has dismissed or added shall state "Nos. 1 and 2 Eul" as "No. 1, 2, and 2 Eul evidence 1-2" under paragraph 3 below.

The following shall be added between conduct 12 and 13 of the judgment of the first instance.

[Plaintiff] In the Reasons for Appeal and the preparatory brief dated June 28, 2018, since the Plaintiff completed 90.94, the Plaintiff was obligated to pay the Plaintiff the construction cost under the instant trade agreement at KRW 381,948,00 (i.e., KRW 90.94 x average construction cost of KRW 4,200,00). The Plaintiff already received KRW 179,090,909 from the Defendant for the use of the construction cost (i.e., KRW 197,00,000 which was paid by the Plaintiff). Accordingly, the Defendant was obligated to pay the Plaintiff the construction cost of KRW 202,857,091 (i.e., KRW 381,948,000 - KRW 179,090,909) and interest thereon, but did not modify the purport of the claim.

[] Under the 5th judgment of the first instance court, the "cost of repairing defects" in the 9th judgment shall be considered as the "cost of repairing defects in lieu of payment".

Once the judgment of the first instance court is rendered, the following shall be added between the seven and eight.

【Damage 11,671,232 won due to the delay in the installation of a house (=710,00,000 won for the sale of the site 71,12 x 5% x the period for the delay in the construction (120/365) 】 53,958,133 won for the repair of the defect in the 11,12 site (= KRW 23,231,231,128 12 site)’s 6th through 7th, as follows.

Article 11 (2) of the Agreement on the Trade of this case (1) provides that "the defendant shall reimburse the plaintiff with interest of 10% per annum when he/she is unable to sell the same within five months after the commencement of the project, with the interest of 10% per annum," and Article 3 (1).

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