손해배상(기)
1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
1. Facts of recognition;
A. On February 9, 2015, the Plaintiff entered into a contract with the Defendant on the construction of a new building in a child-care center A located in the wife population A, for which the Plaintiff was awarded a contract with the Defendant to subcontract the construction of flooring and painting (hereinafter “instant construction”). Accordingly, the Defendant performed the instant construction work.
B. On April 17, 2015, the Plaintiff filed the instant lawsuit against the Defendant for reimbursement of the cost of re-construction costs of KRW 15,800,400, and damages for delay from the date following the delivery date of a copy of the complaint on the floor re-construction cost of KRW 16,470,076 of the re-construction cost of March 2, 2016, and its claim for payment of damages for delay from the date following the delivery date of the copy of the application for change of the purport of the instant claim and the cause of the claim.
On August 13, 2015, the Defendant filed the instant counterclaim against the Plaintiff seeking payment of the unpaid construction cost of KRW 4,135,000 and damages for delay.
C. On May 13, 2016, the court of first instance rendered a judgment ordering the Defendant to “the Defendant shall pay to the Plaintiff 16,470,667 won and the amount calculated by applying the rate of 15% per annum from March 9, 2016 to the date of full payment,” and to “the Plaintiff shall pay to the Defendant 4,043,30 won and the amount calculated by applying the rate of 6% per annum from August 29, 2015 to May 13, 2016,” with the judgment of the first instance ordering “the Plaintiff shall pay to the Defendant 4,043,300 won and the amount calculated by applying the rate of 15% per annum from the next day to the date of full payment.”
On June 2, 2016, in the judgment of the first instance court on June 2, 2016, Defendant filed an appeal regarding the part against which the principal lawsuit was lost and part of the counterclaim against Defendant, and withdrawn an appeal regarding the counterclaim on March 13, 2017.
E. However, B is the Incheon District Court on September 1, 2016.