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(영문) 서울고등법원 2014.12.24 2013나66807
보험금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

Defendant.

Reasons

1. The basic facts;

2. The Parties’ assertion;

3. During judgment

A. (1) and (2) The reasons for this part of this Court are as stated in the reasoning of the judgment of the first instance except for the addition or dismissal as follows:

(The main text of Article 420 of the Civil Procedure Act is to add “(including value-added tax, and unless otherwise specified; hereinafter the same shall apply)” to “(3,757,930,000,” the fourth 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 201. On May 18, 2011, the Plaintiff claimed for the instant advance payment of the contract bond and the instant advance payment of KRW 2nd 1st 13th 13th 201, and the Defendant Insurance filed a claim for the payment of the instant advance payment of the contract bond and the instant advance payment of KRW 3,757,930,00.”

The “B” and the “17th place” added to the 162-day period from June 23, 2011 to December 1, 2011, the Plaintiff alleged that the amount of the penalty for delay was 336,192,120 won (the total construction price of the instant case 3,757,930,000 x 0.01 x 162 days per annum). The Plaintiff is also obligated to pay damages for delay from May 16, 2011 to June 1, 2012 to the Plaintiffs for delay payment from June 2, 2012.

(A) The Plaintiff’s claim was extended to the first instance trial, and the 13th parallel “236,749,590 won” is deemed to be “36,192,120 won.” The evidence of the 19th parallel evidence is as follows: “The result of the request for the supplementation of the first instance court’s appraiser F on October 31, 2014,” and the 4th parallel evidence.

The following. (The appraiser of the first instance court calculated the construction cost required for the term construction and the non-construction on the basis of the contractual unit price, with the rate of 11.58%, and calculated by 240,38,452 won for the term construction work and the construction work cost accordingly) : each addition is made.

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