logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.22 2016나2016960
계약보증금 등 청구의 소
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. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the following additional parts, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.In addition, in the second sentence of the first instance judgment, the following shall be added:

7) The Defendant initially designed to construct dormitories and the remainder of the sixth floor of the instant building as a dynasium. However, the Plaintiff’s request was made after January 16, 2015, which was the date of the conclusion of the instant third alteration contract, to change the entire six floors of the instant building to a dormitory, and the construction of the instant building was completed until February 25, 2015 between the Plaintiff and the synasium Construction. However, it is understood that only the 6th floor dormitory construction was completed after February 25, 2015, and that only the 16th floor construction was completed. Accordingly, the synasium Construction prepared 15 documents except the certificate of fire-fighting use inspection, and thus, the Plaintiff’s termination of the instant construction contract was unlawful if the Plaintiff had terminated the instant construction contract on February 16, 2015.

However, it is difficult to believe that the Plaintiff stated the evidence Nos. 19-1, 3, and 21 in the evidence Nos. 19-1, 2, and 21, and there is no other evidence to acknowledge it. Rather, in full view of the purport of the entire pleadings in the testimony of the witness and the statement No. 22-1, 2, and 3, the Plaintiff decided to change the whole 6th floor of the instant building to a dormitory around August 25, 2014, and the Plaintiff changed the whole 6th floor of the instant building to a dormitory around October 10, 2014.

arrow