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(영문) 서울고등법원 2019.08.28 2019나2010918
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance (excluding the conclusion portion), except for the appeal as provided in paragraph 2. Thus, it shall accept it pursuant to the main sentence of Article 420 of the Civil Procedure

2. Part 9 Form 5 of the first instance court's ruling "T of this court's appraiser" shall be "T of the court of first instance".

Part 11 below "The result of the request for appraisal by this court for an appraiser" shall be "the result of the request for appraisal by the court of first instance for an appraiser".

Part 11 provides that "the result of the fact-finding inquiry reply made by the court of first instance on May 30, 2018 to the appraiser of this court" is "the result of the fact-finding reply made by the court of first instance on May 30, 2018".

Part 17 conducts 6 "The appraiser of this Court," "the result of this Court's entrustment of appraisal," shall be "the appraiser of the court of first instance".

Part 19 Part 2 provides that "the result of the inquiry of fact to the appraiser of this court on November 1, 2018" is "the result of the inquiry of fact to the appraiser of the court of first instance on November 1, 2018, the result of the inquiry of fact to the appraiser of this court on April 30, 2019."

Part 19 "518,536,206 won" shall be "1,072,356,001 won".

The list of pages 20 / [4] shall be as follows:

[4] The table [4] 1 to 8 pages 20 are as follows:

(2) Of the defect repair cost related to the construction works performed by the Defendant Company, the ratio of the remaining amount to the defect repair cost (excluding the above 1,072,356,001 won ± 1,346,196,394 won in the total column of the Table / [3] / The above ratio shall be calculated as the 79.65% (i.e., the above 1,072,356,001 won in the total column of the Table, and the 1,346,196,394 won in the small number below the decimal

(3) If so, it is substituted for the repair of defects to be paid to the Plaintiff in relation to the construction works executed by the Defendant Company according to the instant contract.

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