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(영문) 서울고등법원 2017.03.24 2016나2046428
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In light of the grounds for appeal by the parties citing the judgment of the court of first instance and the evidence additionally submitted by this court, the fact-finding and judgment of the court of first instance are justifiable. Thus, the part of the judgment of the court of first instance citing the “reasons” in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where partial expressions are

2. Parts to be used or added or supplementally determined;

A. Five (5) under the fifth (5) table of the judgment of the court of first instance, the part “the construction cost of the instant construction work” shall be calculated as “the construction cost of the instant case.”

B. The 10th 10th 1st 10 of the judgment of the court of first instance, “the part in paragraph (3) of the agreement” is “printed in paragraph (3) of the agreement,” and the same 3th 3th 3th 1st

‘The fact that the content has been deleted' shall be offset after consultation.

“The agreement in this case is against the two parts above the gate, and the part which appears to be the signature of the plaintiff and the defendant, and is deleted by referring to the date 5/24. C. The following parts are added between the 10th 10 parallels and 11th parallels in the first instance judgment: “On the other hand, the defendant claims the additional construction cost by the lawsuit in this case, and the defendant raises a defense of offsetting the defect repair cost and the compensation for delay in response thereto, so the agreement in this case is revoked by the intention consistent with the plaintiff. However, it is difficult to view that the parties concerned are claiming that they have different arguments from the contents of their agreement, and the agreement in this case is immediately rescinded.

A person shall be appointed.

D. The following parts shall be added between the 12th 9 parallel and 10 parallels in the first instance judgment:

“3) The Plaintiff asserted that the Plaintiff claimed reimbursement against the Defendant since the Plaintiff paid 6,296,400 won to the Defendant on October 31, 2012, as the Plaintiff paid 6,296,400 won to be paid by the Defendant. However, the Plaintiff’s claim for reimbursement is merely written evidence No. 5-1 and No. 2 submitted to this Court.

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