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(영문) 서울고등법원 2015.04.29 2013나60298
손해배상 및 위약금
Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. The basic facts;

2. The Parties’ assertion on principal action and counterclaims;

3. The reasons why the court should explain this part of the judgment on the principal lawsuit and the counterclaim are as stated in the corresponding part of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to the 18th sentence of the first instance on the 9th sentence:

A person shall be appointed.

I) (1) The instant construction was interrupted on November 26, 201, and at the time of the suspension on or around November 26, 201, at the rate of 11.713%. 2) The Plaintiff, on January 6, 2012, incurred the remaining construction work between New Daily Construction Co., Ltd. and New Daily Construction, with the construction period of KRW 165,00,000, and the construction period of the remaining construction work from January 9, 2012.

5. A contract was entered into on August 20, 201 and was approved for use of new buildings on August 9, 2012.

In the [Identification Evidence] from 19th page 9, the phrase “A” shall be added to the statement of evidence Nos. 17 and 18, and the phrase “A’s appraisal result of the trial appraiser H.”. The following shall be added to the phrase “(the plaintiff claims that the number of delayed days is reduced to 130 days in the trial but the plaintiff does not reduce the purport of the claim accordingly).” On the adopted evidence of No. 12th 15-16, the phrase “A’s evidence” shall be added to the phrase “as indicated in No. 32.” The phrase “as indicated in No. 14th 7th 7th 15th 2011, the defendant is subject to a disposition of business suspension from the Mayor of Seoul Special Metropolitan City on November 15, 201 to December 31, 2011,” and the phrase “from 16th 16th 16th 7th 2011.”

6.(b) Any construction-related special engineer described in subsection (c).

6. (b) In subsection (c) of this section, the Defendant agreed to pay 1/300 of the construction amount for delay every day of delay at the time of delay for at least seven days due to a civil petition filed by the Defendant’s execution cause, as stated in Paragraph (1).

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