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(영문) 서울고등법원 2019.11.15 2019나2015432
공사대금
Text

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

The defendant shall pay to the plaintiff KRW 258,508,439 and KRW 220,270,129 among them.

Reasons

1. The reasoning of the judgment of the court of first instance regarding this case is as follows: (a) the part where it is apparent that it is a clerical error in the judgment of the court of first instance or it is necessary to clarify its meaning; and (b) the part to reflect the progress of the rehabilitation procedure against the defendant, which was conducted after the closing of argument in the court of first instance, shall be used as follows; and (c) the reasons of the judgment of the court of first instance

B. In lieu of eliminating the “specific price for E multi-household construction for multi-household housing” portion, according to the review by this court, the part of the Plaintiff’s appeal is accepted and the decision on this part of the Plaintiff’s appeal is added to the following Paragraph 2. Of the judgment of the first instance, the part of the reasoning of the judgment in the first instance is deleted, and the part of the reasoning of the judgment in the first instance is as indicated in the reasoning of the judgment, except for the following, by arranging the result of the review by this court as stated in paragraph 3. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. Of the judgment of the court of first instance, “(excluding surtax)” part of “value-added tax” [including value-added tax (hereinafter “value-added tax”)];

B. Of the judgment of the court of first instance, the part “Defendant” in the first instance part “as the rehabilitation procedure against the Defendant was commenced on May 9, 2019 as the Gwangju District Court 2019 Gohap502 case, the instant litigation procedure was suspended, and the Defendant’s right to perform the litigation was recovered as the rehabilitation procedure was abolished on July 2, 2019).”

C. Of the judgment of the court of first instance, the part of the 3rd and 4th and 5th of the judgment “(a total of construction contracts and additional construction contracts referred to as “construction works for the construction of the building of the Government C”)” (hereinafter referred to as “the construction of the building of the Government C”)

D. Of the judgment of the court of first instance, each of the 5th 11 vehicles and 6th 1 vehicles “Defendant” part “Plaintiff”

E. Of the judgment of the court of first instance, 6 pages 7, 11, 14, 16, 7 pages 3, 4, 4, 5 and each of the following " concrete prices" portion.

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