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(영문) 서울고등법원 2019.11.06 2018나2069999
공사대금
Text

1. The judgment of the first instance, including the counterclaim that the Defendant (Counterclaim Plaintiff) changed in this Court, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the first instance is the same as that of the judgment, except for dismissal or addition as follows.

According to the third judgment of the first instance court, the second and the third conduct are as follows:

On the same day, B was deemed as a custodian on February 28, 2019, and the O transferred B’s custodian B to the custodian on the same day according to the court’s decision to dismiss the administrator, and theO took over the said custodian B (hereinafter referred to as “Plaintiff”), without distinction between the company and the receiver of the rehabilitation company prior to the decision to commence the rehabilitation procedure and the rehabilitation company before and after the commencement of the lawsuit.

d)p. 4 of the first instance judgment of the first instance court, the term “H” in Part 4, as “H, etc.”.

After the judgment of the first instance court No. 4, 11, “......................... the Defendants are individually named, “stock company” is omitted from the Defendants’ name.

The number of pages 4 and 5 of the judgment of the court of first instance shall be as follows:

The contract amount of Article 1 (Contents of this Construction) - the contract amount of Defendant C, D, E: 2,398,00,000 won (including value-added tax, collective contract for construction work), provided that the amount is determined and settled pursuant to Appendix I of this Agreement - Defendant F: 4,906,000,000 won (including value-added tax, collective contract for construction work) and the scheduled date of commencement that the amount is determined and settled pursuant to Appendix I of this Agreement: the scheduled date of inspection before December 16, 2013: the scheduled date of completion of the construction on May 30, 2014: The date of completion of the construction on June 30, 2014: On the ground including H, Defendant D P, Defendant E, Defendant Q: 2, and Defendant F: Building on the ground of this Agreement: 4,000 won (including value-added tax, aggregate contract for construction work).

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