logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.08.22 2018나300027
공사대금
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as stated in paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. Part IV of the judgment of the court of first instance, which is to be dismissed or added, shall be subject to the second to 5 pages of the judgment of the court of first instance as follows:

In addition, the following circumstances are added to Gap evidence Nos. 1, 10, 11, Eul evidence Nos. 1, 4, 7, 8, 9, 10, and 11 (including each number), which can be seen by comprehensively considering the overall purport of the pleadings, and the following circumstances:

According to the contents of the e-mail or text message between the Plaintiff and the Defendant, the Plaintiff first presented KRW 46,00,00,000, which was the construction cost that was considerably reduced compared to the construction cost that was presented at the time when the design drawing was received by the Defendant at the time of receiving the design drawing. The Defendant presented 45,00,000,000, which was the more reduced construction cost, and the Defendant reached a final agreement between the Plaintiff and the Defendant regarding the construction cost of this case as KRW 45,00,00,00, which was the construction cost of this case. The agreement between the Plaintiff and the Defendant for the settlement of the said construction cost was naturally premised on the modification of the original design drawing to reduce the construction cost. In fact, the construction work in this case was conducted in accordance with the construction cost statement reflecting the changes in the original design drawing prepared to reduce the construction cost. The first instance judgment of the court below, which stated that “No. 5,000,00,000.”

3. In conclusion, the judgment of the court of first instance is legitimate, and all appeals against the principal lawsuit and counterclaim of the defendant are dismissed. It is so decided as per Disposition.

arrow