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(영문) 춘천지방법원 2019.05.22 2018나53778
공사대금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for cases of dismissal or addition as follows. Thus, it is citing it as it is by the main sentence of Article 420

2. 8 parallels in the third upper end of the judgment of the first instance shall be deleted from a part which is used or added.

The first instance court's fifth sentence of the first instance court's "Unpaid construction cost" shall be calculated by deducting KRW 74,865,600,000 from the construction cost of KRW 198,00,000.

The following shall be added between the sixth top seven parallels and eight parallels in the judgment of the first instance:

D. The Defendant asserts that the Plaintiff paid KRW 84,00,00 in excess of KRW 74,865,60,000 as construction cost. According to the evidence Nos. 2, the Defendant paid KRW 84,00,00 to the Plaintiff. However, in full view of the purport of the pleadings in the evidence Nos. 1 and 6 (including evidence Nos. 6, and evidence Nos. 1 and 2, the Defendant should pay KRW 9,134,40 to the Korea Electric Power Corporation in order to operate the instant facilities by July 21, 2017; the Defendant paid KRW 84,00,00,00 to the Plaintiff by July 24, 2017; the Plaintiff paid KRW 9,134,40,000 to the Korea Electric Power Corporation to the Plaintiff on July 24, 2017; the Plaintiff paid KRW 84,000 to the Plaintiff on the remainder of the construction cost.

In regard to this, the defendant set the construction cost including the cost to be borne by the Korea Electric Power Corporation in concluding the contract of this case, and accordingly, the plaintiff paid the installation cost to the Korea Electric Power Corporation. Therefore, the defendant claimed that the total amount of KRW 84,00,000 that the defendant paid to the plaintiff is the construction cost. However, the plaintiff

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