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(영문) 부산고등법원 2017.09.13 2017나51337
공사대금 등 청구의 소
Text

1. The part of the judgment of the court of first instance against the Defendants exceeding the following amount ordered to be paid.

Reasons

1. Determination on the construction cost and the claim for joint and several sureties against the Defendants

A. The reasons why the court should explain this part of the judgment on the cause of the claim are as stated in the main sentence of Article 420 of the Civil Procedure Act, with the exception that “720,232,431 won” as “71,825,560 won” as “71,825,560 won” under Article 5 of the judgment of the court of first instance, since it is the same as stated in the main sentence of Article 420 of the Civil Procedure Act.

B. The reasons why the court should explain this part of the defendants' defense are as stated in the reasoning of Article 420 of the Civil Procedure Act, except where the following items are used or added by the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition to the statements in Eul evidence Nos. 24 through 31 (including the number of pages) additionally submitted in this court and the results of the personal examination of the defendant F of this court, the following points are added: (i) the agreement in this case is invalid in violation of Article 104 of the Civil Code, or is based on the defendants' coercion, and thus must be revoked in accordance with Article 110(1) of the Civil Code; (ii) the offset claim against the claims for compensation for delay with automatic claim; and (iii) the defendants' assertion that the costs of civil petition treatment should be deducted.

The Defendants asserted that Article 10(5) through (20) of the 5th 5th 20 e.g., “the 5th e.g., “the 5th e., e., 20 e., e., e., “the e., e., e.,” and the 35 million e., the e., the e., the e., the e., e., the e., the e., the e., the e., the e., the e., the e., the e.

(b).

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