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(영문) 대구지방법원 2016.09.07 2015나15236
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, including the judgment as to the allegations raised by the Defendants in the trial, since it is identical to the reasoning of the judgment of the court of first instance, it shall be cited in accordance with the main sentence of Article 420

2. Parts used or added;

A. On March 12, 2012, the second sentence of the judgment of the court of first instance, “A. 12, 2012”, “A. 3,” “Defendant B and Defendant C,” “Defendant B and Defendant C,” “A. 6,” “F. 11,” “F. 28, 201,” “F. 13,” “Section 2-5,” “Section 5,” “Section 2-5,” “C. 3, 2012,” and “A. 4, 15-16,” “A. 3, 2012,” “A. 19, 2012,” and “A. 5-16, as a result of subrogation, is deleted.”

B. Nos. 12-15 of the judgment of the court of first instance shall be followed as follows.

“1) The Defendant Company: (a) from the Intervenor’s Intervenor on February 21, 2012, the DNA Extension Corporation (hereinafter “instant Corporation”).

B) A contract for construction period of KRW 378,961,597 is concluded by July 19, 2012; and KRW 113,000,000 as an advance payment for construction work on March 21, 2012 (hereinafter “instant advance payment”).

was paid by the Corporation.

On July 16, 2012, the defendant company entered into a contract with the supplementary intervenor to change the construction period into the cost of 384,087,000 won until September 16, 2012.

“”

C. From Nos. 5 to 6, 15 to 8 of the first instance judgment shall be followed as follows.

"In light of the following: (a) examining the first advance payment amount; (b) considering the aforementioned evidence as well as the overall purport of the statement and arguments, the supplementary intervenor confirmed KRW 84,978,000 as the one-time progress payment amount on June 15, 2012 through the assessment of the first progress payment amount by the Defendant Company and the one-time progress payment; and (c) 25,028,000 among them appropriated as advance payment; and (d) the Defendant Company also deducted the amount appropriated as advance payment from the above progress payment amount by the supplementary intervenor.

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