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(영문) 부산고등법원 2016.01.14 2015나1765
양수금
Text

1. The part against the Defendants in the judgment of the court of first instance shall be revoked, and the Plaintiff (Appointed Party) as to the revoked part shall be revoked.

Reasons

1. The reasons why the court should explain this case in this case are as follows: “At the end of December 201, 201” of the first instance court’s 3th judgment; “At the end of December 201,” “715,000,000 won” of the third 3th 20th , “715,100,000 won”; “the deceased” of the fourth 16th 4th 16th , and “the third 3rd 16th ,” “the third 16th ,” and “the third 2th b of the first 2th ,” respectively.

(3) In addition to the following parts, the following parts are the same as the written judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (3) The defendants' assertion on the defendants' defense of set-off (A) asserts that the defendants' claim against the set-off of set-off is set-off against the additional construction claims that the plaintiff and the designated parties take over on an automatic claim of KRW 191,327,970, total amount of KRW 71,978,00 for excess payment, KRW 47,471,970 for delay compensation, KRW 47,471,970 for delay compensation, and KRW 191,878,00 for damages in lieu of defect repair.

(B) As seen earlier, the deceased’s judgment on the claim for refund of excess payment amounting to 35,989,000 won (=71,978,000 won = 940,978,000 won) based on the ratio of inheritance shares to the Defendants who have succeeded to the deceased. As such, 35,989,00 won (i.e., 940,978,978,000 - 869,000 won - 1/2) is liable for payment of damages amounting to 35,989,000 won (i.e., 940,978,000 won - 869,000 won) ? 1/2 of the Defendants’ automatic claim. (ii) Where the contract for delay was terminated after the completion of the construction within the deadline of completion, the date following the completion of the construction is the date following the date on which the contractor may cancel the construction and terminate the construction within 14014.

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