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(영문) 서울고등법원 2015.05.27 2014나50267
계약보증금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated in the reasons for the judgment of the court of first instance, except for addition or dismissal as follows:

(The main text of Article 420 of the Civil Procedure Act). Part 5, 1-2, "Evidence No. 12, 13, 18, and No. 3, 4, and 5, are added to the evidence of recognition of the 5th page 1-2, and 6-20 are as follows.

① Around December 14, 2009, the Plaintiff and C prepared a subcontract agreement (Article 330,000,000 won (Article 1; hereinafter the same shall apply) (Article 330,000 won (Article 1; hereinafter referred to as “the first contract”) which is the contract price of KRW 1,821,60,600,000 (Article 1,821,60,000 and the amount of the contract was KRW 330,000 (Article 330,000,000,000), and written a modified subcontract agreement (Article 4-1,60, 200,000) retroactively from December 14, 209 to the extent that there is no special reference to the value-added tax; hereinafter the same shall apply) and then written a modified contract amount of KRW 330,000,000 in terms of the construction work details, and the Defendant issued the contract amount as the contract amount to KRW 201,6,6016,7006,701,2000.

However, the construction work of the original contract between the plaintiff and Gyeonggi-do or the subsequent subcontract contract between the plaintiff and the local construction company is not specified separately as a separate item.

② The Plaintiff asserted that C omitted the estimation of the amount of solar salves when preparing the first contract, and thereafter, the Plaintiff and C have reversed the first contract and prepared the second contract by adding items of the amount of the solar salves. However, the amount of the solar salves cost is an essential process for the completion of the steel salves concrete construction, and it is not an item of the cost of the original contract, but an item of the cost of the construction is not an item of the cost of the construction.

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