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(영문) 서울고등법원(춘천) 2020.11.11 2020나686
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

2. The Defendant’s KRW 158,641,790 for the Plaintiff and its related expenses on May 18, 2019.

Reasons

1. The first instance court partly accepted the Plaintiff’s claim and dismissed the remainder of claim, and only the Defendant appealed the part against the Defendant in the first instance judgment.

Therefore, among the judgment of the court of first instance, the dismissal of the plaintiff's claim is excluded from the scope of judgment.

2. The reasoning of the judgment of the court of first instance, which cited the relevant part of the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance (excluding the part on April 2, 200), except to modify or add the relevant part of the judgment of the court of first instance as follows (3) and supplement or add the judgment as follows (4). Thus

3. The modification shall be amended to the “Liability of the Plaintiff” in the last place of the box inside the 3 pages of the text box.

4 The following 3 weeks “A” shall be amended to “Plaintiff”, and “(State)B” to “Defendant”, respectively.

4 Under 4, the term "land owners" shall be modified to the "C Resident Representatives' Meeting".

5. The following shall be added to 3 pages:

On December 31, 2018, the Plaintiff agreed to pay 180 million won to the subcontractor designated by the Plaintiff at the time of completing the additional construction agreement with the Defendant on December 31, 2018.

2) On April 24, 2019, the Plaintiff sent to the Defendant a letter verifying the content of “The amount stipulated in the agreement on the direct payment of construction costs for the instant secondary construction works. He/she notified that only the amount stated in the agreement on the direct payment of construction costs for the said additional construction works may be paid to the partner, and requested the Plaintiff to pay the remainder of KRW 218.3 million, which reaches the Defendant on April 25, 2019.” On April 24, 2019, the Plaintiff sent to the Defendant on April 5, 2019 of the 5th 5th 4th 5th 5th 5th m “A Nos. 3, 4, 6, 8, 18, and 2 through 5 of the A,” respectively.

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