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(영문) 서울고등법원 2015.05.20 2014나28284
공사대금
Text

1. The Plaintiff’s appeal against Defendant B and the Defendants’ appeal are all dismissed.

2. The Plaintiff and the Plaintiff out of the appeal costs.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) Parts IV through V of the judgment of the court of first instance are as follows:

Even if the contract of this case is valid for the defendant clan, the plaintiff was responsible for the new construction of the building of this case and agreed to rent KRW 800 million to KRW 80 million and KRW 800 million per month, but the contract of this case was terminated by the service of the brief dated December 18, 2014 containing the expression of intent to cancel the contract of the defendant clan for this reason. Accordingly, the defendant clan only bears the duty to pay the plaintiff an appropriate amount of the construction cost, and the appropriate construction cost required for the new construction of the building of this case is only KRW 30 million, which exceeds the construction cost already paid by the defendant clan, and there is no construction cost to be paid by the defendant clan to the plaintiff for KRW 1.5 billion and KRW 1.5 million for 2.8 billion for 2 billion and KRW 1.5 billion for 2.5 billion for 1 million for 205 billion and KRW 1.5 billion for 2 million for the plaintiff's sale of the building of this case to KRW 1.5 billion and KRW 285 million for 2 million for 2 billion.

In addition, Defendant clan paid farmland charges of KRW 199,391,480, which the Plaintiff agreed to bear, on behalf of the Plaintiff, to the Plaintiff.

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