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(영문) 서울고등법원 2017.12.08 2017나2038431
공사대금
Text

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

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court

2. Parts used or added;

A. Of the judgment of the court of first instance, the expression “this court” shall be deemed to be the first instance court, and the expression “appraisal” shall be deemed to be a "appraisal of the first instance court” collectively.

B. The 8th judgment of the court of first instance, "No. 4," to 3, written as follows.

Inasmuch as the Plaintiff’s assertion is based on the evidence submitted by the construction designer No. 4 (the construction area table) to the Plaintiff, it is difficult to recognize the Plaintiff’s assertion that the content of the evidence No. 59-1 through No. 6 (each provisional design drawings) sent from the Plaintiff on the side of the Plaintiff before the instant construction contract was concluded and that the construction cost of this case was agreed upon based on the actual construction area. The above evidence and evidence No. 55-1, and the result of the fact-finding on the remaining office of the first instance court as the corporation of the first instance is insufficient to acknowledge the Plaintiff’s assertion even in full view of the above evidence and the result of fact-finding on the architectural office, and there is no other evidence to acknowledge it.”

C. At the bottom of the 9th judgment of the court of first instance, the phrase “as it takes place,” shall be as follows:

In addition, the method of adding indirect labor costs, industrial accident insurance premiums, etc. to the direct construction cost is sufficient to regard it as a process for calculating the appropriate total construction cost, and it cannot be deemed as a premise for indirect construction cost.

D. “Judgment” in No. 12 of the judgment of the court of first instance No. 3 of the first instance No. 12 refers to the 7-party “Defendant” in the 12-party table.

E. 3-4 below the 14th page of the judgment of the first instance.

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