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(영문) 대법원 2018.02.13 2016다4389

공사대금

Text

The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the existence of claims for damages compensation in lieu of defect repair, employment insurance premium and industrial accident insurance premium, the lower court determined as follows: (a) as to the ground of appeal on the existence of claims for compensation for damages compensation in lieu of the defect repair related to the non-construction, the Defendant calculated the respective insurance premium in question on the premise that the non-construction comprehensive should pay the insurance premium in reality, and calculated the respective insurance premium in question on the premise that the total insurance premium in question should be paid in 181,572,856, and the construction cost based on the quantity of the non-construction should be 28,921,61,61, total 210,494,517, and the total insurance premium in 210,494,517, and that the Defendant did not demand that the total insurance premium in question be paid in 186,976,974,69,617, and that the Defendant did not demand that the total insurance premium in question be paid in 19666,7,864,86,64,7.

Examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

2. As to the ground of appeal on the deduction of KRW 215,897,014 paid by the Defendant to the Yangyang Industrial Co., Ltd. (hereinafter “ Yangyang Industrial”);

A. Review of the reasoning of the lower judgment and the record reveals the following facts and arguments.

(1) Fact-finding (1) On August 7, 2008, 2008, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e. e., e., e., e., e., e., e.

(2)