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(영문) 서울고등법원 2017.10.19 2017나2023699
공사대금
Text

1. The judgment of the first instance, including the principal claim extended by this court, shall be modified as follows:

2...

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.

(In full view of all the arguments of the original defendant and the evidence submitted by this court, it is reasonable to make the first instance judgment in addition to the following modifications). Accordingly, from 6th to 18th of the first instance judgment, the following modifications are made:

“Therefore, the Defendant is liable to pay the Plaintiff the amount of value-added tax of KRW 27,15,400 after deducting KRW 135,00,00 which was paid as the construction price from September 14, 2017. The Defendant is obligated to pay the Plaintiff KRW 163,269,40 and delay damages for the amount of KRW 163,269,40, which was paid by the Defendant to the Plaintiff through the amendment of the purport of the claim as of September 15, 2017 (the Plaintiff asserts as above as to the amount of the construction price that the Defendant had to pay to the Plaintiff through the amendment of the claim as of September 15, 2017, but did not reduce the amount of the claim.

1) The first instance court’s 11th 3th 1st 3th 11th son of the judgment of the Republic of Korea stated that “No. 135 million won is the construction price paid by the Defendant to the Plaintiff in connection with the instant construction project by using the expression “135 million won in the construction contract amount paid by the Party to the Plaintiff for the purpose of settlement following the termination of the contract” (No. 7th 2016) on April 15, 2016, and stated that “No. 135 million won in the construction contract amount paid by the Party to the Plaintiff” (the above content certification requires the change of the name of the H’s loan obligation, but this also requires the change of the debtor’s name on the H’s loan obligation while settling accounts following the termination of the contract.” (The F’s loan as security or the Plaintiff’s loan as the introduction of the land owned by the Party to resolve the loan to the Plaintiff.

(b).

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