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(영문) 부산고등법원 2015.10.15 2015나1710
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The Plaintiff asserted that the Defendant is obligated to pay KRW 213,00,000 payable for the first construction cost of the instant case and KRW 80,079,00 for additional construction cost, since all of the instant construction works including additional construction works have been completed. Accordingly, the Defendant did not conclude the instant contract with the Plaintiff and concluded the instant domestic contract.

Even if the part claimed by the Plaintiff is included in the scope of the instant contract, it cannot be deemed that additional construction costs accrue separately from that of the instant contract. The Plaintiff asserts that the Plaintiff could not respond to the Plaintiff’s claim, as it offsets the Plaintiff’s claim against the defect repair expenses incurred due to defects such as non-construction, erroneous construction, etc., and damages

3. Determination as to the cause of action

A. We examine whether the parties to the contract of this case and the Defendant unpaid the contract of this case entered into the contract of this case with the Plaintiff, and examine the evidence Nos. 1, and examine the facts that the contract of this case was entered into between DNA and the Defendant, excluding the Plaintiff, with the exception of the Plaintiff. However, the following circumstances, other than the above contract of this case (Evidence No. 1) were entered into, and the contract of this case was entered into between the Plaintiff, DNA and the Defendant, and the Defendant, and the Defendant’s seal and seal were entered under the above contract of this case; ② the Defendant remitted part of the contract of this case to the Plaintiff; ③ the Defendant sent to the Plaintiff a document proving the content that the Defendant is liable for damages due to the delay and defects of the construction of this case.

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