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(영문) 부산고등법원 2018.12.06 2018나50089
공사대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is that it is insufficient to acknowledge the plaintiff's assertion as additional evidence submitted by this court, and it is not sufficient to acknowledge the plaintiff's assertion, the entry of evidence No. 55 and the fact-finding results with respect to J of this court, and part of the judgment of the court of first instance is dismissed as follows. The plaintiff and the defendant added "3. additional determination" as to the assertion added by this court, and therefore, it is identical to the corresponding part among the reasons of the judgment of the court of first instance, except for the addition of "3. additional determination" as to the plaintiff and the defendant

2. The second part of the judgment of the court of first instance, stating " underground vision construction" in the fifth part of the judgment of the court of first instance as " underground PIT construction".

The part of the 6th judgment of the court of first instance with the overall protection of the 7th to 9th judgment is as follows:

The Plaintiff asserts that, at the time of entering into the instant emergency expansion contract on April 27, 2015, the Plaintiff and the Defendant agreed to exclude the instant emergency construction works from the underground IT construction works and entered into a contract on the premise of the completion drawings (Evidence A No. 42) to be prepared in the future.

① On April 27, 2015, there was only design drawings included in the PIT Corporation at the time of entering into the contract for expansion works in the emergency room. It is reasonable to view that the cost calculation attached to the contract document (Evidence A No. 1-1) at the time is calculated based on the design drawings including the PIT Corporation. ② Although the contract document does not contain any separate part of the PIT Corporation, it is reasonable to view that it was divided into each corresponding part because it is necessary to construct a soil, reinforced concrete, waterproof and unclaimed construction. ③ The total volume of 1,838 cubic meters in the part of the cost calculation statement of the contract document is 1,838 cubic meters in total (i) the cost calculation statement of the cost of construction works in the first instance trial and the cost calculation statement of the cost of construction works in the contract document is 500 cubic meters in cubic work among the cost calculation of the cost of construction works in the first instance trial.

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