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 why this court should explain are the same as the reasons for the judgment of the court of first instance, except for adding the following amounts to the judgment of the court of first instance, No. 6, No. 17, and No. 2, and therefore, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant asserts to the effect that, around May 2012, the Defendant did not demand the Plaintiff to suspend the new construction work of this case, and rather, the Plaintiff continued to perform the subsequent construction work, and unilaterally suspended the construction work by demanding a mortgage creation to secure the obligation to pay the total amount of new construction cost of this case, including the cost of the new construction work of this case, which came to the end of August 2012. As such, the new construction work of this case was suspended due to the Plaintiff’s failure to perform the construction work by setting forth the requirements not included in the construction contract of this case.
However, as seen earlier, the Plaintiff continued the instant new construction work even after the end of May 2012, by suspending the instant construction work upon the Defendant’s request for the suspension of construction without consultation on the additional construction cost. Ultimately, the instant construction contract was terminated upon the end of May 2012, when the relevant construction work was discontinued, and each description of the evidence Nos. 1 and 2 (including each number) was written.
Around August 2012, it is insufficient to recognize that the Defendant unilaterally suspended the construction work by demanding the establishment of a mortgage as above, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion cannot be accepted.
3. If so, the plaintiff's claim of the main lawsuit is justified, and the defendant's claim of the counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the main lawsuit of this case and the counterclaim are dismissed. It is so decided as per Disposition.