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(영문) 대전고등법원 2019.07.10 2018나15763
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 77,987,714 on November 2016.

Reasons

1. The reasoning for this part of the basic facts is as stated in the corresponding part of the judgment of the first instance, except for the alteration or addition as follows. Thus, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the first instance is replaced by " November 30, 2016" in Part 17 of the judgment of the second instance.

In the second paragraph of the judgment of the court of first instance, following the contents of Paragraph 2 of the Article 3, the plaintiff does not raise any objection against any measure such as unilaterally demanding the defendant to waive the execution in the event that the damage is likely to be caused by the failure of construction or defective construction during the construction of April 1, 200. This agreement is prohibited from being divulged, leaked, or leaked to a third party in accordance with the good faith and good faith principle, and the problem arising therefrom shall be all responsible at the side of the divulgence or leakage.

The third part of the judgment of the first instance is changed to "C.".

Part 4 of the judgment of the first instance is deleted. Article 11 of the 4th sentence (1) of the 4th sentence of the judgment of the first instance is added to “12.................. The 4th sentence of the judgment of the first instance is changed to “D..............” The 4th sentence of the first instance judgment is changed to “the 4..............” the 42th through 24th sentence from the 4...... to the 22th sentence from the 4..............., the Plaintiff and the Defendant notified the Plaintiff of the 480,94,000 won (the first 430,760,000 won from the 4.345,300,000 won from the 1..3.1., 2016.....

The fifth written judgment of the court of first instance is followed.

On October 17, 2016, the Plaintiff transferred the instant construction site to the Defendant.

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