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(영문) 서울고등법원 2019.04.10 2018나2067078
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"2. Construction site" in attached Table 1 of Table 3 of the judgment of the court of first instance shall be "4. Construction period".

In Part 5 of the first judgment of the court of first instance, the phrase “in the absence of expenditure” in Part 2 of the first statement shall be read as “in the absence of payment.”

The lower-tier business operator in Part 3 of Part 5 of the judgment of the first instance shall be deemed to be the lower-tier business operator.

In the second column of the judgment of the court of first instance, "(hereinafter omitted)" in Part 11 of the second column of the second column of the judgment of the court of first instance is "35t Crererererere (G company H: 52,100,000), 06 Crerererererererereg (IJ: 38,448,000), 08 Dregregers (K Company L: 48,612,000), dregers (M Company N: 27,423,000) and the plaintiff recognize only the total amount (16,583,000) and the amount other than that are paid by the defendant in full."

The following shall be added between the sixth and fourth parts of the judgment of the first instance.

On February 1, 2017, the issue date and issue amount of KRW 1,100,00,000 as of February 1, 2017; KRW 66,00,000 on February 17, 2017; KRW 350,100,000 on May 1, 201, 2017; KRW 73,700,000 on June 30, 2017; KRW 1,100,000 on the aggregate of KRW 46,20,00,000 on November 4, 2017; KRW 1,10,000,000 (including value-added tax) in accordance with the subcontract of this case; KRW 6,00,000,00 on five occasions, the Plaintiff issued a tax invoice including the number of subparagraphs 1 through 6, 1,60,000 through 4, 1 through 86, 4, and 84.

2. Determination as to the cause of action

A. As to the subcontract price of the instant convalescent, the Plaintiff and the Defendant finally set the construction price under the instant convalescent Subcontract as KRW 1,100,000 (including value-added tax) and on November 13, 2017.

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