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(영문) 서울고등법원 2019.10.31 2018나2053314
보증보험금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not different from the allegations in the court of first instance, and the evidence admitted in the court of first instance is determined to be justifiable in finding facts in the court of first instance and determining whether the evidence submitted by the Defendants was presented to this court

Therefore, the reasoning for this court’s explanation is as follows, and this court’s reasoning is identical to the reasoning of the first instance judgment, except for adding the judgment as to the claim that was newly asserted and specifically claimed as the ground for appeal in this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or additional parts] The "Expert F" in the 7th and 9th of the judgment of the court of first instance shall be used as "Expert F" for each "Expert F", and the 3th and 13th of the judgment of the court of first instance shall be applied as "the result of the entrustment of appraisal to the appraiser F of the court of first instance" under the 8th of the judgment of the court of first instance.

In the 8th judgment of the first instance, the following shall be added to the fourth instance judgment:

Defendant B related to this, stating that Defendant B is not obligated to pay some of the above labor costs and material equipment costs on November 23, 2016, since there is a difference in the details of payment of labor costs as stated in the document of payment of labor costs as stated in the evidence No. 7 (the current status of the payment of steel reinforced concrete construction works, the current status of occurrence), and the details of payment of labor costs as stated in evidence No. 16 (the statement of payment of labor costs) and the details of payment of labor costs as stated in the evidence No. 16 (the details of payment of labor costs) and the actual labor costs, Defendant B’s labor costs as claimed by the Plaintiff should not be acknowledged. Of the material cost as stated in item (b) of this Article, Defendant B’s KRW 23,980,275 out of the cost of the material cost as stated in item (b) was incurred after November 23, 2016.

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