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(영문) 서울고등법원 2018.02.23 2016나2055101
약정금 등
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant is the plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, except for the addition or dismissal as follows. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On October 12, 2017, the court of first instance added "as to the Plaintiff Exchange Company, the rehabilitation proceedings commenced on October 12, 2017 and the J was deemed the receiver" at the end of the 5th sentence below the table.

Part 9 5, 17 9, 23 29 m each "29 m", and 19 m "29 m" shall be read as "23m", and 29 m "29 m" as mentioned above.

At the bottom of Part 15, the phrase “11,650,000,000” shall be added to “(12,681,90,000 won in a trial, but did not expand the purport of the claim in accordance therewith).”

Part 17, 6, "No. 74" means "74, 80 through 91, 96, 97 through 110".

In the 19th 13th 13th 19th 19th 13th 19th 201, the plaintiffs' competitors and technical members pointed this out in the process of the qualification examination for design.

Part 21 provides that "a supplementary design has been submitted to the defendant and the execution has been completed accordingly" shall be deemed as "a supplementary design has been completed at the same time."

In the end of Section 24, even if the boundary between Section 5 and Section 6 was not determined at the time of the basic design, it cannot be denied that the project zone for the six sections of the basic design has been significantly reduced compared with the contents of the basic plan, and thus, there is a limitation in the future utilization of the six sections of the project zone (in addition, in the basic design, the volume and number of lockers are not reduced in comparison with the basic plan, and the inflow of lockers by main transportation is not laid down in the basic design, and it seems that it might be detrimental to the stability of flood control in the field of flood.).

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