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(영문) 대구고등법원 2020.07.23 2019나23078
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as follows, and thus, it is identical to the description of the reasoning of the judgment of first instance except for modification and addition as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

The witness I shall be amended to "I for witness of the first instance court" of 8 pages 1 of the judgment of the first instance.

In the 12th sentence of the judgment of the court of first instance, “A division of the results of appraisal by the AppellateJ, an incorporated association, shall be amended to “A division of the results of appraisal by the AppellateJ, an incorporated association of the first instance trial (hereinafter “Expert”)”.

The following contents shall be added to 5 pages 14 of the judgment of the first instance.

The Plaintiff asserts that the performance standard required by the instant UT equipment, on the premise of which the said appraiser is the premise or the Defendant’s assertion, is based on the performance condition that does not exist in the instant contract or the instant amendment work. However, in light of the technical level at that time, the said performance condition is a condition that cannot be satisfied with the design structure identical to the instant UT equipment and the contract price stipulated in the instant contract. However, in light of the aforementioned various circumstances, it is reasonable to regard the performance standard required by the instant UT equipment, which is premised upon the said appraiser, as the performance standard as the performance generally required by social norms, if the main structure of the instant UT equipment was constructed in accordance with the agreed terms, and the evidence submitted alone cannot be deemed as a performance condition that cannot be satisfied with the design structure identical with the instant UT equipment and the contract price stipulated in the instant contract, etc. in light of the technical level at that time.”

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal shall be dismissed as it is without merit.

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