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(영문) 서울고등법원 2019.01.30 2017나2072783
손해배상(건)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim added by this court is dismissed.

3...

Reasons

1. The reasoning for this part of the facts admitted by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the reasons for dismissal as follows. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

According to the third page of the judgment of the first instance court, the phrase “50,000,000 won” shall be deemed to read “50,000,000 won”, and the phrase “90,000,000 won” in the third sentence shall be deemed to read “90,00,000 won”.

2. The grounds for this part of the allegations by the parties are as stated in Paragraph 2 of the reasoning of the judgment of the first instance except for dismissal or addition as follows. Thus, this part of the grounds are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to the fourth decision of the first instance court, the following parts are followed from 6th to 5th 7th .

No.4. 107,973,756 won (hereinafter “instant substitute payment”) that the Plaintiff paid directly to the Defendant’s subcontractor in connection with the instant project.

A) Totaling KRW 724,697,015 (i.e., KRW 419,654,240 above KRW 165,00,000 above KRW 327,973,756). Meanwhile, with respect to the instant construction project, an appraiser calculated the fixed rate of the instant building at KRW 64.79%, and accordingly, the amount of the fixed construction cost for which the Defendant can seek payment from the Plaintiff was calculated as KRW 1,068,967,322 (hereinafter “instant fixed construction cost”).

(2) The Defendant is obligated to pay to the Plaintiff the amount of KRW 500,000,00,000 for advance payment that the Plaintiff already paid to the Defendant, the final accrued construction cost that the Defendant may claim payment to the Plaintiff is KRW 568,967,322. Ultimately, with respect to the instant construction project, the Defendant deducts KRW 568,967,322 of the aforementioned final accrued construction cost that the Defendant shall pay to the Plaintiff from the total sum of KRW 724,697,015, which the Defendant shall pay to the Plaintiff, from the total sum of KRW 724,697,015.

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