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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2017.08.09 2016나15844
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The grounds for this part of the facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for the judgment on the cause of the claim is as follows, and this part of the judgment of the court is cited by the main sentence of Article 420 of the Civil Procedure Act, except where the judgment on the newly asserted matters is added by the Defendant B Co., Ltd. (hereinafter “Defendant B”) as follows, since it is the corresponding part of the judgment of the court of the first instance.

[Supplementary part] Part of the judgment of the court of first instance, which is smaller between the 5th and 6th of the 5th of the judgment of the court of first instance, shall be as follows.

3) The amount of unpaid construction cost of the instant construction is the net construction cost added to the items of natural stone storage according to the result of appraisal by appraiser I of the first instance trial on October 14, 2014 and the result of appraisal and supplementation by appraiser I of the first instance trial on January 30, 2015. The net construction cost of the instant construction project based on the result of appraisal by appraiser J of the first instance trial on January 30, 2015 (i) KRW 1,392,735,76 (i.e., the net construction cost of the instant construction project based on the result of appraisal by I (i) 1,231,235,787).

(2) 감정 결과에 따른 이 사건 공사의 순공사비 중 수정할 부분 (가) 자연석 쌓기 항목 ① 제1심 감정인 I의 2014. 10. 14.자 감정 결과와 2015. 1. 30.자 감정보완 결과에 의하면, 자연석 쌓기(3,595.54m ^{2}) 항목에 관하여 제1심 감정인 I은 이 부분 공사를 전석 쌓기 방식으로 평가하여 그 순공사비를 아래 표1과 같이 327,330,161원으로 산정하였다.

However, according to the result of the appraisal by the J of the first instance trial appraiser J, it is reasonable to assess the construction cost by the method of piling up stone rather than by piling up stone stones, which is a stone-to-part for scenic purposes in consideration of scenic purposes, and accordingly, 161,49,989 won should be added to the net construction cost, such as the sum of the difference in Table 1 below.

Division 1. The First Instance.

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