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(영문) 서울고등법원(춘천) 2017.08.23 2016나115
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for a dismissal or addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. 8th 17th 17th 17th 200 of the judgment of the first instance, “total of KRW 1,202,326,446, as alleged by the Defendant,” shall be construed as “total of KRW 1,198,826,446.”

B. The number 9 of pages 9 in the judgment of the court of first instance is deleted, and the following judgments are added thereto.

The Defendant asserts that “The Plaintiff shall deduct KRW 3.5 million from the construction cost to be paid to the Plaintiff, since there was damage caused by the Plaintiff’s underground excavation and construction work in order to construct the instant building, and the Defendant paid KRW 3.5 million as the construction cost after awarding a contract for the repair work to K. However, there is no evidence to deem that the damage caused by the delivery during the instant construction work was caused by the Plaintiff’s negligence in the course of the Plaintiff’s construction (such damage may be caused by design problems, and may be caused by force majeure).

Therefore, the defendant's above assertion is without merit.

C. The phrase “1,202,326,446 won” in the column of “1,198,826,446 won” in the column of “10 pages of the judgment of the first instance, and the phrase “214,617,560 won” in the parallel below the above table shall be written “218,117,560 won.”

Each "211,746,978 won" of the first instance judgment shall be used as "218,117,560 won", and "13,529,010 won" of the 14th 10th 14th 10 parallels shall be used as "137,029,010 won".

E. 15 to 19 parallels in the judgment of the court of first instance shall be conducted as follows.

Therefore, with respect to the construction cost of KRW 133,529,010 as well as KRW 133,529,010 as cited by the first instance judgment among the Plaintiff, the Defendant, after the completion date, is 6% per annum as stipulated in the Commercial Act from October 11, 2014 to December 22, 2015, which is the date of the first instance judgment, for which it is reasonable for the Defendant to resist the existence or scope of the obligation.

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