(영문) 서울고등법원 2020.01.15 2019나2022683

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(영문) 서울고등법원 2020.01.15 2019나2022683

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the court of the first instance is the same as that for the reasons indicated in the following.

According to the second judgment of the first instance court, the following main contents are as follows: "The terms and conditions of the instant subcontract and the construction works executed thereunder (hereinafter referred to as the "general terms and conditions of the instant subcontract") and the terms and conditions of the construction subcontract agreement (hereinafter referred to as the "special terms and conditions of the instant subcontract agreement")".

The following shall be added between conduct 18 and 19 inside the third part of the judgment of the first instance.

"Defect warranty period: 36 months after the completion of the subcontract" shall be dismissed as "beneficiary business operator" in subparagraph 6 of the attached Table No. 5 of the judgment of the first instance court.

The 6th judgment of the first instance court shall be replaced by the following table:

The contract period (including value-added tax) of the first 2,915,00,00 won on February 18, 2013 to December 18, 2013; the first 2,915,00,000 won on February 18, 2013 to December 30, 2014; the second 2,915,00,000 won on February 18, 2013 to December 30, 2013 to 30.6.3, 206.3,6.3,05,00,000 on November 2, 2014 to 30.3, 206,30,300,000 won on December 18, 2013 to 30.5, 205 to 36.3,05,05,000 won on December 3, 2014 to 30, 2014

Under the 6th judgment of the first instance court, “A” was confined to “A” and “A” without distinguishing between the Plaintiff and before and after the bankruptcy.

The last 6th of the judgment of the first instance court shall be "7, 19" and "7, 19."

2. Paragraph 2 of the reasoning of the judgment of the court of first instance for this part of the arguments by the parties.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2020.01.15 2019나2022683

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