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(영문) 서울고등법원 2017.01.18 2015나2075245
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts and

2. The parties' assertion

A. The reasoning of the court’s explanation concerning this part of the judgment of the court of first instance is as follows, and this part of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the case where the relevant part is modified as follows. Thus, this part is cited by the main text

(b) Nos. 11 and 13 of the judgment of the first instance court on the 3rd page 8 of the judgment of the first instance court shall be written with “No. 11 and 13.”

"46,926,00 won" in the third 17th 17th 3th 17th 17th c. "71,214,00 won (i.e., the original contract price of the instant construction contract 85,8 million won x 0.01 x 83th x compensation rate for delay x 0.01 x 83th x), and each of the 18th c. "71,214,000 won" in the same c. 46,926,000 won (=the contract price of the instant modified contract of the instant case 869 billion won x 001 x 54th x 54 days) shall be applied.

Part 3 of the judgment of the first instance court states "...." as "(or revoke the instant modified contract concluded by the plaintiff's deception, so that, from September 1, 2013 to January 15, 2014, the day following the deadline for construction stipulated in the first construction contract of this case, the compensation for delay from September 1, 2013 to January 15, 2014 (i.e., the contract amount of the first construction contract of this case 858 million won x the rate of compensation for delay 0.01 x 0.01 x 137 days)."

3. Judgment on the issue

A. The defendant's duty to pay the balance of construction; and

B. 1) The reasons for the court’s explanation as to this part of the judgment of the court of first instance are as follows, inasmuch as the relevant part of the judgment of the court of first instance is identical to the reasons for the relevant part of the judgment, except for the cases where the relevant part is dried or added, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) The part of the judgment of the court of first instance, which was used or added, was 8 to 20 as follows.

"The plaintiff and the defendant set the term of construction in the first construction contract of this case to August 31, 2013, but entered into the instant modified contract on November 23, 2013.

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