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(영문) 서울고등법원 2016.07.21 2014나2007689
계약이행보증금
Text

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 the court of first instance concerning the instant case is as follows, except for the following modifications or additions or the parts separately determined in paragraphs (2) and (3), and therefore, it is identical to the reasoning of the judgment of the court of first instance.

The 3rd sentence of the first instance judgment “(c)” shall be amended to “4,813,60,000 won” in two parallels “6,371,200,000”.

The 5th written judgment of the first instance shall be amended to " October 28, 2009" in the 3rd sentence of "(f)" to " October 29, 2009."

The 6th sentence of the first instance judgment “Plaintiff” in the 6th sentence “g.” in the 2nd sentence of “(g)” shall be amended to “the Plaintiff requested to resume the packing construction of this case on May 31, 2010 by June 4, 2010,” and the 6th sentence “Defendant” in the 4th sentence of “g.” shall be amended to “the 5th sentence.”.

The part of the judgment of the court of first instance in 17th two parallels (17th one), “The plaintiff changed the construction cost on three occasions in relation to the package work of this case (the plaintiff was KRW 4,813,60,000 in wife but the last amount was KRW 6,337,100,000 in wife).” The part of the judgment of the court of first instance included the adjusted part of the contract price due to changes in economic conditions, such as price increase, etc. (the construction cost in the relevant structure was increased from KRW 15.6 billion to KRW 19.1 billion).”

After the 18th sentence of the first instance judgment, the Defendant added “There is no reason” to “The Defendant may assert a set-off on the premise of the existence of the payment for the completed portion and the payment for the completed portion of the obligation other than the above contract, but it is not acceptable to accept the allegation as seen earlier, since the existence of the claim cannot be recognized.”

The evidence of the last 19th sentence in the judgment of the court of first instance added "B No. 36 through 40" to the evidence of the evidence of the first 19th sentence, and added "A No. 69, 70" to the evidence of the 20th sentence in the judgment of first 7th.

v. 408,629,854 won at the price increase on May 20, 2009, and packing materials (ice, stale) at the end from 20th 19th 20th 19th 19th 5th 200.

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