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(영문) 대전고등법원(청주) 2020.08.18 2019나2996
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the same part of the judgment of the court of first instance, is dismissed as follows. The Defendant’s assertion newly raised by this court is identical to the reasoning of the judgment of the court of first instance, except for the determination under paragraph (2). As such, this is acceptable pursuant to the main sentence of Article 4

4. Two pages "95,447,357 won" shall be "94,132,925 won".

The 4th 10th 10th am "the plaintiff shall bear" as "the amount of debt that the plaintiff bears to the customer".

4. The remaining amount except for KRW 95,447,357 shall be considered to be part of KRW 164,563,209 except for KRW 94,132,925.

The 5th 5th 5th 7th is as follows.

“1) First of all, the termination agreement of this case (Evidence A 3) contains a list of “the current status of construction cost unpaid for the first time,” consistent with the amount stated in the above agreement, and the testimony of the witness of the first instance trial alone is insufficient to recognize the defendant’s assertion that “the plaintiff submitted evidentiary data, etc. that can verify the unpaid construction cost to the defendant and agreed to determine the final payment amount,” and there is no other evidence to acknowledge this otherwise.

The 5th 7th 7th 5th 7th 5th 7th 5th 5th 5th 5th 5th 2th 5th 5th 5th 5th 5th

5. On the 11th page, "documents submitted" shall be read as "documents submitted".

The 6th 5th Myeon's "B" shall be deleted, and the 10th Myeon's "B, etc." shall be raised as "B, etc.".

In 6th 14-15, the part of “the defendant does not have any specific defense against it” shall be deleted.

2. Judgment on the defendant's assertion

A. First, the Defendant asserts that the Plaintiff is not obligated to pay KRW 133,00,000 to the Plaintiff, since the Plaintiff failed to cooperate in the verification of the rate of construction, on-site verification of construction completion, and submission of documents for inspection of completed works, and thus the terms of payment have not been fulfilled.

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