공사대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The reasons for the judgment of this court which cited the judgment of the court of first instance are as follows: the defendant alleged to be emphasized in the trial of the court of first instance, five-dimensional of the court of first instance
A. The part of Article 420 of the Civil Procedure Act is the same as the statement in the judgment of the court of first instance, except for those used as follows. Thus, it is accepted as it is in accordance with the main sentence of Article 420 of the same Act. 2) The defendant's assertion that the plaintiff incurred and expanded damages on the soil contaminated by other soil. Furthermore, the defendant's assertion that other soil, such as circular aggregates, etc., in order to cover them without notifying the defendant even though the plaintiff knew that the remaining soil was contaminated, should be known, and the new part caused or expanded damages to the defendant due to their contamination of other soil. Thus, the plaintiff should compensate for the damages because it is extremely difficult for the defendant to prove the amount of damages due to the nature of the case. (B) The defendant's determination of damages pursuant to Article 202-2 of the Civil Procedure Act should be based on the following indirect facts, such as the occurrence of damages, but it is difficult to determine the amount of damages by considering the whole circumstances related to the tort.
In other words, even if an attempt is to calculate the amount of damages under Article 202-2 of the Civil Procedure Act, “the fact that the damage occurred” itself should be clearly recognized by evidence.
D. In the instant case, the following circumstances, which can be recognized in accordance with the records, are considered to occur or occur.