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(영문) 부산고등법원 2016.10.13 2015나4764
공사대금반환 등
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) in excess of the money ordered to be paid below is revoked.

Reasons

1. The reasoning for the court’s explanation on this part is that “the basis for recognition” in Section 4 of the judgment of the court of first instance is as follows: “The result of the fact inquiry by this court on January 9, 2015 with respect to appraiser D of the court of first instance (including the numbered evidence)”; “The result of the fact inquiry by this court on January 9, 2015 with respect to appraiser D of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for deletion of a claim. This part of the reason for the judgment of the court of first instance is as stated in Section 1 of the same Article.

2. The reasons why the court should explain this part of the grounds for each of the principal claim and the counterclaim.

In subsection (a) “The Defendant spent 39,189,100 won for material costs in connection with the instant construction, and disposed of at will an amount equivalent to KRW 5,458,00 for the Defendant’s materials. In addition, the profits earned by the Defendant as a result of the completion of the instant construction are KRW 48,756,90. The Plaintiff is obligated to pay the said money to the Defendant. Except for addition, the Plaintiff is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, it is cited pursuant to the main sentence of Article 4

3. Judgment on the principal lawsuit

A. The reasoning of the court’s explanation as to whether to cancel the instant construction contract is identical to that of the relevant part of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Grounds for the court's explanation on this part are as follows.

3) According to the result of the appraiser D’s appraisal, each fact-finding with respect to appraiser D, the construction of the instant construction work is 51% [the construction cost of KRW 73,136,00,143,471,00 (i.e., construction cost of KRW 73,136,35,000 incurred in the construction cost of KRW 73,136,000 incurred in the construction cost of KRW 73,136,000 incurred in the construction cost of KRW 70,35,000 incurred in the construction cost of KRW 73,136,00 incurred in the construction cost of KRW 75,00].

Appraiser D on December 24, 2014

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