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(영문) 대전고등법원 2019.12.11 2019나12624
공사대금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the part cited in paragraph (2) below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 3rd page of the judgment of the court of first instance, the part which was accepted shall be deleted. The same shall apply hereinafter.

Part 3 of the judgment of the court of first instance is deleted. Part 2 of the judgment of the court of first instance is deleted. Part 3 of the judgment of the court of first instance, part 3 is added to "excluding du-value added tax." Part 4 of the judgment of the court of first instance is added to "The plaintiff B issued a tax invoice of KRW 2,22,00,000 including value added tax to the defendant from April 2015 to July 2015, and "the tax invoice of KRW 2,22,00,000 including value added tax has been issued to the defendant." Part 5 of the judgment of first instance is as follows: "No dispute exists over the following facts: Gap 1, 4 through 6, 16 through 18 (including number 3,4, 10 through 12, 18 each appraisal number; hereinafter the same shall apply), Gap 3,4, 10 through 18, and each appraisal result of appraiser 1, 400."

On the other hand, the defendant paid 164,225,00 won to A over ten times from February 28, 2015 to April 9, 2015.

In addition, since the plaintiffs do not pay 3% of the construction price to the defendant as the warranty bond, they shall be deducted from the defendant's unpaid construction price liability or offset against the defendant's unpaid construction price liability.

At the date of pleading of the first instance trial, the Defendant asserted that “the Plaintiff has not paid the warranty bond to the Defendant,” but did not clarify the claim of deduction or offset, but there is an error of law in the misconception of facts regarding the first instance court’s deduction or offset judgment in the statement of grounds of appeal as of July 26, 2019.

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