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(영문) 서울고등법원 2015.01.16 2014나16199
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that “profit 19,067,578 won” in the third 21 of the judgment of the court of first instance shall be deemed to be “profit 12,711,718 won”, and “profit 19,067,578 won” in the attached Table 1 attached to the judgment of the court of first instance = (general management expenses other than material cost) = 10% x 10%” among the items of “net Construction Expenses, etc.” attached to the judgment of the court of first instance: “Profit 19,067,578 won x (general management expenses other than material cost) x 12,718 won x 10% x 10% x 4% of the judgment of the court of first instance, other than changing the fourth 3 through fourth 4 of the judgment of the court of first instance as follows.”

Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

“. The Plaintiff transferred KRW 3,934,00 among the instant separate bonds for construction cost transferred from D to F on January 7, 2013, and notified the Defendant of the transfer on the same day, and at that time, the Defendant was notified of the transfer. Around that time, the Defendant was notified of the transfer. [Grounds for recognition] The details of Gap’s evidence Nos. 1, 2, 3, 1, 2, 3, and 7, the result of the appraisal of construction cost E by the first instance appraiser E, the result of the appraisal of the repair cost by the first instance appraiser E by the first instance trial appraiser E, the results of the fact-finding of the first instance trial appraiser E by the first instance court,

2. Determination

A. The plaintiff's assertion 1) The separate construction cost of this case should be calculated as KRW 206,053,00,000, which is added to KRW 20,741,35,311,691 (=157,96,958, KRW 9,478, KRW 178,017, KRW 17,886,716), in aggregate of net construction cost, general management cost, and profits (i.e., KRW 20,000, KRW 59,704,000, KRW 20,000 already paid from the above construction cost, and KRW 3,934,00,00, KRW 122,415,00, KRW 200, KRW 530,005, KRW 700-4,00, KRW 200, KRW 209, KRW 3009).

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