공사대금
1. Of the principal suit in the judgment of the court of first instance, the Defendant (Counterclaim Defendant) who exceeds the cited portion of the Plaintiff’s claim.
1. The first instance court’s trial scope after remanding the Plaintiff’s principal lawsuit: ① partially citing the Plaintiff’s principal claim, the Defendant ordered the Defendant to pay “151,158,500 won and 57,440,000 won among them” from July 30, 2013; the remainder 93,718,50 won per annum from August 15, 2014 to March 20, 2015; and 5% per annum from March 20, 2015 to the day of full payment; and the remainder of the principal lawsuit was dismissed; ② the Defendant’s counterclaim was entirely dismissed.
Although the Defendant appealed on the part against the Defendant and the counterclaim in the principal lawsuit of the judgment of the first instance, the court prior to the remand dismissed all the Defendant’s appeal.
As to the Defendant’s appeal, the judgment of remanding the case was reversed, and remanded to this court, on the ground that “the part against the Defendant regarding the principal suit in the judgment before remanding the case was reversed, on the grounds that there was an error of law that affected the conclusion of the judgment by misapprehending the legal principles on interpretation of legal acts as to the content of the contract, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules
Therefore, the judgment of the first instance on the counterclaim (Dismissal of counterclaim) has already become final and conclusive, and the scope of the judgment on the party after remand is limited to the part against the defendant among the judgment of the first instance on the principal lawsuit.
2. Basic facts
A. On June 24, 2011, the Plaintiff entered into a contract with the Defendant to conclude a contract with the Plaintiff for construction cost of KRW 278,00,000 (excluding value-added tax) (hereinafter “instant contract”).
The instant contracting corporation was part of the panty (O) construction performed by the Defendant.
B. On June 14, 201, the Plaintiff reported the commencement of construction works, and continued construction works from June 25, 201. On September 201, 201, the instant construction works suspended on or around the end, and on September 2011.