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(영문) 서울고등법원 2017.03.24 2016나11846
공사대금
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.

Reasons

1. Basic facts

A. The reasoning for this part of the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, except for a partial addition or modification as follows, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

B. The following parts shall be added to the third 12th 12th e.g., the judgment of the court of first instance. “The rate of delay penalty: 1/1,00 of the contract amount per day: 2th e.g., the 1/1,000 of the contract amount per day) the fourth 11th e.g. to 17th e., the

G. The Defendant is CEL Construction Co., Ltd. (hereinafter “CEL case”) on April 1, 2014.

(A) The non-execution portion of the instant construction work suspended by the Plaintiff to the Plaintiff was contracted with the period from April 2, 2014 to June 8, 2014. However, the CEL case submitted to the Defendant a letter of waiver of construction work, prepared as of April 1, 2014, and completed the construction work at the construction site. H. The Defendant, April 22, 2014 (hereinafter referred to as “Non-Korean Industrial Construction”).

(1) The non-execution part of the instant construction work was ordered to be executed by setting the price of KRW 165 million (excluding value-added tax); the construction period from April 22, 2014 to June 8, 2014; and the construction of sub-central industries was completed on or before June 8, 2014. [Grounds for Recognition] No dispute exists; Party A’s evidence 1, 2, 10, 11 evidence and evidence 3, 7, and 10 (including the number of pages; hereinafter the same shall apply).

(2) The court's fact-finding results on the construction of the subordinate industry of this Court, the purport of the whole pleadings

2. Determination on the main claim

A. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for a partial modification, addition,

B. Of the judgment of the court of first instance, the part that was used or added or changed.

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