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(영문) 서울고등법원 2015.01.16 2013나65989
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons why this Court should explain this part of the facts are stated in Section 17 of the judgment of the court of first instance, in addition to the fact that "the plaintiff is "the defendant" in Section 3 of the judgment of the court of first instance, "the fact recognized" in Section 1 of the judgment of the court of first instance is stated in Sections 10 to 4, 6 of the judgment of the court of second instance.

Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

2. Determination as to the claim for construction cost

A. The fact that the construction cost of this case in determining the cause of the claim is 88,496,901,552; the plaintiff completed the construction of this case; the plaintiff received KRW 72,346,57,508 from the defendant as the construction cost; and the plaintiff received KRW 8,791,71,700 from the plaintiff as the payment in kind; the plaintiff received KRW 159,472,200 from the plaintiff as the payment in kind; the defendant paid the expenses 1,251,472,200 as the defendant paid on behalf of the plaintiff; and the amount of KRW 1,252,472,20 as the payment in advance agreed to reserve by the plaintiff to pay from the remaining construction cost (i.e., the remaining construction cost, KRW 6,107,140,84 : 8,96,97, 205, 207, 207, 2097, 2097, 20757, 147

B. As to the defense that there exists additional payment in lieu of the Defendant’s defense 1, the Defendant asserted that the Plaintiff paid the Plaintiff the construction cost of KRW 8,791,711,000, not KRW 8,804,211,00 as the Plaintiff, among the construction cost in the instant case, to the Plaintiff as the payment in lieu of the Plaintiff, and in full view of the purport of the argument as to the evidence No. 75, the Plaintiff’s assertion was 8,791,791,711, which the Plaintiff was the person before.

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