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(영문) 부산고등법원 2017.07.05 2016나56588
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court, the Plaintiff filed a suit seeking damages on the ground of nonperformance by the Defendant, and the Defendant filed a counterclaim seeking the payment of unpaid construction cost and additional construction cost. The first instance court partly accepted the claim for the unpaid construction cost and dismissed the remainder of the counterclaim and the main claim.

Since this Court appealed only to the plaintiff, it will decide only on the main claim against the plaintiff, which is the part against the plaintiff, and the claim for the payment of the non-payment.

2. The reasoning for the court’s explanation concerning this part of the underlying facts is that the reasoning for the judgment of the court of first instance is that of the corresponding part of the reasoning for the judgment of the court of first instance, except where the following items are stated:

Each "Appraiser" in the last sentence of the judgment of the court of first instance, the fourth, third, third, third, third, third, 13, 17, and fifth, shall be construed as "Expert of the court of first instance", and the fourth, "Witness" in the fourth, fourth, and "Witness" shall be construed as "Witness of the court of first instance".

Part 5: The following shall be added to the sixth paragraph:

(i) Contracts for purchase of major contents of the instant construction contract, manufacture and installation of equipment;

4. Final payment period: Article 2 (Contract Deposit) of the General Terms and Conditions for Goods Purchase and Equipment Installation Contract on October 30, 2013 (Contract Deposit) (1) The defendant shall subscribe to a payment guarantee insurance, etc. equivalent to 10% of the contract amount for the performance guarantee of this contract and deposit evidential documents with the plaintiff.

If the defendant fails to perform all or part of the contents of the contract, the contract bond shall be reverted to the plaintiff.

The guarantee period of the contract performance guarantee insurance policy shall be two months from the date of contract completion.

Article 4 (Contract Documents) (2) If the contents of the letter of apology and design drawings are unclear or contradictory, the defendant shall immediately point out and notify the plaintiff of this fact.

Article 12 (Deposit for Repair of Defects)

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