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(영문) 대전고등법원 2015.11.11 2014나14663
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is the same as the statement in paragraph (1) of the reasoning of the judgment of the first instance, and thus, citing it by the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion that the plaintiff is obligated to pay the above additional construction cost and damages for delay thereof to the plaintiff, since the additional construction work equivalent to KRW 340,578,70 in addition to the construction work under the contract of this case. The defendant asserts that the plaintiff is obligated to pay the above additional construction cost and the damages for delay thereof to the plaintiff. The defendant paid all the construction cost agreed upon between the plaintiff and the defendant through the process of settling accounts for the construction cost, and there is no other part of the additional construction work that the plaintiff paid to the plaintiff

3. The reasoning for this Court’s explanation on this part is that the Defendant agreed to pay the additional construction cost to the Plaintiff on the part that the Plaintiff asserted that the additional construction work was performed, even if it added to the description of evidence No. 18.

Along with the addition of a judgment that is insufficient to recognize the fact that there was an agreement to settle these parts in a separate manner, it is identical to that set forth in paragraph 3(a) of Article 420 of the Civil Procedure Act.

4. According to the conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion (However, the judgment of the court of first instance as to this part was invalidated after the plaintiff withdraws the part of claim for damages at the court of first instance). It is so decided as per Disposition.

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