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(영문) 서울고등법원 2019.09.26 2018나2040868
공사대금
Text

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

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows, except for the cases where part is rewritten or added as follows, since it is the same as the statement of “1. Recognizing the facts of recognition” from 2nd to 6nd below 10th 4th 6th , and thus, they are cited by the main text of Article 420 of

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or additional parts] Under the upper part of the judgment of the court of first instance, the official document Nos. 2 and 3 of the second part of the judgment of the court of first instance was sent to the effect that “the additional indirect costs were to be paid,” and “A corporation sent an official document to request measures after reviewing the actual report on the additional construction costs, such as attaching a report on the actual construction costs, and C shall review the positive report around that time, and directly report the contents of the above official document to the Defendant on February 5, 2015 through the responsible supervisor.”

Meanwhile, the defendant asserts that the defendant did not receive the official document dated January 26, 2015, but according to the statement No. 7 and the fact-finding results of the first instance court's first instance court's inquiry about C, it is recognized that C reported this to the defendant.

Part 4 of the first instance judgment, "1,319,752,810 won" in Part 8 below shall be added to "1,380,134,00 won" in Part 8 below.

In the fourth part of the judgment of the court of first instance, "the result of appraiser D's appraisal" is added to "the result of appraiser D's appraisal" as "the result of appraiser D(hereinafter " appraiser") of the first instance court's appraisal," and "the result of inquiry of fact about C of the first instance court's stock company" is added to "the result of inquiry about fact".

2. The plaintiff's assertion

A. The instant contract for a primary claim is (i) the date of completion of the instant overall contract is from “ February 28, 2005” to “ May 24, 2015” to “ May 24, 2015” to “ May 24, 2015” to “ August 15, 2015,” and (ii) the Defendant has to pay indirect construction costs for the extended period of construction under the overall contract.

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