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(영문) 부산고등법원(창원) 2017.10.19 2016나22151
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

1. The reasoning of the court’s explanation on this part of the claim is as follows, and this part of the judgment of the court of first instance is identical to the part against the Defendants in the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

Of the judgment of the first instance, “Defendant B and C” shall be deemed to be “Defendants”, and “Defendants” shall be deemed to be “Defendants, etc.”, respectively.

On the 3rd side of the judgment of the first instance, “the defendants and the designated parties (hereinafter referred to as “the defendants for convenience”)” shall be replaced by “the defendants and the co-defendants of the first instance trial (hereinafter referred to as “the defendants and the co-defendants of the first instance trial”)” (hereinafter referred to as “the defendants for convenience”).

Part 5 of the judgment of the first instance, "Nos. 1, 2, 3, 6, 7, and 8 of the A", "Nos. 1, 2, 3, 6, and 7 of the judgment of the first instance."

Of the judgment of the court of first instance, "2. Determination as to the claim for construction cost" has been made as follows.

2. Determination as to the claim for construction cost

A. The Plaintiff’s primary assertion 1) The Plaintiff and the Defendants, etc., on the basis of the written agreement and the written agreement, agree to make the instant agreement in a lump sum to pay the construction cost of KRW 650,00,00 and KRW 650,000 which were not paid by the time of August 30, 2013 as well as the construction cost of KRW 17% per annum from November 1, 2013 to the date of full payment (i.e., 200, KRW 50,000 which were already completed). The Plaintiff and the Defendants, etc., on the basis of the agreement and the written agreement, agreed to pay the construction cost of KRW 17% per annum from the date of full payment (i.e., 1, 200, KRW 50, KRW 4000, KRW 500, KRW 4000, KRW 5000, KRW 4008, KRW 208, KRW 4084.

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