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(영문) 서울고등법원 2015.07.17 2014나49106
공사대금 등
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the money which orders the payment below.

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (1). Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of the principal claim

A. The plaintiff's assertion 1) The defendant is not obligated to pay to the plaintiff KRW 256,70,00 for the 13-time construction cost of the instant construction work, or 2,439,450,215 for the 1,819,80,000 for the 13-time construction cost of the instant construction work performed by the plaintiff, and 549,650,215 for the remainder after deducting KRW 70,00 for the 70,650,215 for the 13-time construction cost of the instant construction work, or 2,439,450,70-70,700-70,000 for the 13-time construction cost of the instant construction work performed by the plaintiff and 13-time construction cost of the instant construction work, and the defendant is obligated to return the remainder of the construction cost of the 360,5700,000 won for the 25-year construction work cost of the plaintiff's from 2615.

B. As a result of partial appraisal by the appraiserJ of the first instance trial that the 13-time construction cost of the instant construction project performed by the Plaintiff on the basis of the first instance judgment reaches KRW 340,074,31 won, or that the 8-time construction cost of the instant construction project reaches KRW 1,643,715,858 won or KRW 1,295,460,906 in total, each of the results of partial appraisal by the appraiserJ of the first instance trial that the 13-time construction cost of the instant construction project would reach KRW 1,643,715,858 won, or KRW 1,295,906,000.

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