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(영문) 서울고등법원 2015.11.25 2014나2032043
정산금 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance, except that the items of "the plaintiff and the defendant's settlement of accounts" in Articles 9 and 10 of the judgment of the first instance court are used as follows in paragraph 2, and that "the specific contents are as stated in the relevant Acts and subordinate statutes" in subparagraph 6 of Article 8 are the same as the corresponding part of the reasoning of the judgment of the first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

F. The Plaintiff and the Defendant’s settlement 1) completed all the instant construction work by September 2012. The Plaintiff calculated the additional construction cost and omitted construction cost to be borne by the Defendant by reflecting the revised operational guidelines and the bid ratio of the processing construction cost of the instant construction cost, as indicated in the following table: (a) on December 24, 2012, the Plaintiff filed a claim with the Defendant for payment of the said additional construction cost and omitted construction cost (the omitted construction cost calculated pursuant to the relevant statutes are as listed in attached Table 2).

In calculating the construction cost to be borne by the Defendant, the instant agreement shall apply to the calculation of the construction cost to be borne by the Defendant. The operating guidelines amended on December 27, 2011 shall not serve as the basis for the Defendant to bear the construction cost omitted. The Plaintiff’s construction cost for the aggregate of Section 1 (A), Section 742,634, 495, 427, 791,0429, 170, 425, 427, 425, 537 successful bid rate of 4,947, 7786, 94, 9791, 484, 497, 057, 2057, 1696, 164, 167, 1657, 297, 164, 167, 257, 1696, 167, 257, 1697, 1647, 1657, 1967

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