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(영문) 서울고등법원 2015.08.20 2014나2042569
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. This part of the basic facts is cited by the main text of Article 420 of the Civil Procedure Act, except for the partial revision or addition as follows, since it is identical to the reasoning of the judgment of the first instance.

The second sentence of the judgment of the first instance shall be amended to October 2, 201, “the first sentence of October 2010” in the 12th sentence.

【Conditions of Settlement of Dominiums】

1. Maintenance of 30 persons on an average by December 2012 (Korean standards);

2. 데미지 및 땜빵 포함(비상식 작업은 별도)

3. Permanent stay at A/S A/S A/L for one year, 2013 (one Korean-ro person);

4. The following modifications are made to the settlement terms and conditions of the settlement of accounts in the Daama-gu, including the treatment of the person who was involved in the accident, from 4th to 5th.

The following contents shall be added to the five-party 6 pages of the first instance judgment:

G. The Plaintiff and the Defendant agreed to deduct the Defendant from the construction price that the Defendant would pay the Plaintiff the amount of KRW 108,202,50 (excluding value-added tax), the field expenses of KRW 52,932,00 (=61,380,000 - the settlement of the expenses for the settlement of the expenses for the care of accommodation, the amount of KRW 8,448,00,00) with respect to the instant construction work.

2. According to the facts acknowledged before the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 7,771,50,000 under the instant contract and the instant amendment contract, and the additional construction contract [=7,065,00,000 (=6,880,0000,000 per 1,00,000,000)] x 1.1, including value-added tax] 6,282,540,000 and the total of expenses for meals and on-the-spot 17,247,950 (i.e., 161,134,500 (=108,202,50,500,52,932,000) x value-added tax] to the Plaintiff, including the unpaid construction cost of KRW 1,31,75,707,705,707,727

3. The defendant's assertion and judgment

A. Paragraph (3) of the reasoning of the judgment of the court of first instance, except for partial revisions or additions as follows, on the part of the claim regarding the deduction of personnel expenses, etc. due to personnel

A. Article 420 of the Civil Procedure Act is the same as partial description.

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