logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.30 2018나55909
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 127,380,000 as well as its full payment from September 30, 2016.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for cases where the judgment is dismissed as follows. Thus, it is acceptable to accept it as it is by the main sentence

2. The part to be mard;

A. Of the judgment of the first instance, the following phrases shall be added at the end of the fifth session.

1) The Defendant asserts that, even if the construction cost for the part of the instant construction project reaches KRW 286,380,00,00, the construction cost of the instant construction project is merely a construction project that must be performed as a matter of course pursuant to the instant construction contract. Without regardless of how actually the construction cost is required or not, the Defendant would have paid only an amount equivalent to the already payable construction cost of KRW 190,00,00 (excluding value added tax) out of the construction cost agreed to be paid according to the instant construction project, and that the Defendant could not respond to the Plaintiff’s claim as it has already been paid. However, considering the following circumstances revealed by considering the following circumstances, it is reasonable to view that there was an additional construction project even if the original construction contract was not included in the instant construction contract and the entire purport of arguments as a result of appraiser G’s appraisal, the Defendant had the obligation to obtain the additional construction cost and the additional construction cost pursuant to the instant construction contract from the beginning to the Plaintiff pursuant to the instant construction contract (hereinafter “instant construction contract”).

C) In particular, the agreed construction cost under the instant construction contract is KRW 190,000,00 (limited to only value added tax), while it is between the instant construction works.

arrow