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(영문) 서울고등법원 2019.09.27 2018나2059459
지체상금청구
Text

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

The defendant.

Reasons

1. The reasoning of the judgment of this court on the facts and the arguments of the parties is as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. Determination as to the cause of action

A. At the time of completion of the instant construction project, the Plaintiff asserted that the instant construction was extended by the construction of the connecting passage of this case, and that the construction was completed on October 4, 2015 with the approval for the use of the Convention Center, and the Defendant asserted that the construction was completed on June 28, 2016 upon the Plaintiff’s request that the Plaintiff confirm the completion of the construction, and first, the construction is examined as to the time of completion of the instant construction project. 2) If the construction was discontinued and the scheduled last process was not completed due to the interruption of the construction, the construction shall be deemed as the completion of the construction project. However, if the construction was completed through the construction of the first scheduled last process and the main structure was completed under the social norms, and the construction of the said main structure was completed with incomplete remuneration, it is reasonable to interpret that the construction was completed, but it is nothing more than the defect in the object, and, in light of the specific contents of the relevant construction project and the good faith principle, it is reasonable to determine whether the last scheduled construction was completed or not.

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