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(영문) 부산고등법원 2014.01.29 2013나3682

공사대금

Text

1. Of the judgment of the court of first instance, the part of the Defendant (Counterclaim Plaintiff)’s failure shall be revoked, and 165,959,129 among the revoked part and 41.

Reasons

The main lawsuit and counterclaim are also examined.

1. After remand, the plaintiff claims for the payment of the unpaid construction cost of this case (including additional construction cost), total amount of 302,647,873 won and damages for delay (the plaintiff added a claim for reimbursement at the trial before remand). The defendant claims for the payment of the repair cost of this case, total of 177,81,00 won and damages for delay from the trial before remand to the counterclaim. The plaintiff's claim for the payment of damages for defect repair, total of 17,881,00 won and damages for delay which were dismissed at the first trial and the damages for delay, which were dismissed at the trial before remand. 2.0% of the damages for delay and the damages for delay calculated at 0.7% of the total amount of 20,756,980 won and damages for delay from the trial before remand to 200.7% of the annual amount of 20.0% of the damages for delay calculated at the trial before remand to 200% of the annual amount of 10.30% from 205% of the 20.10% of the annual amount of 20.10.3% of the damages

Ultimately, the subject matter of the judgment of this court is limited to the portion that was remanded by the judgment of remand, that is, to the portion on construction cost of 180,085,873 won and its delay damages, and to the portion on defect repair cost of 72,494,636 won and its delay damages of the counterclaim.

2. Basic facts

A. On June 2008, the Defendant: (a) around 2008, to the Youngnam C&C Co., Ltd. (hereinafter “Ynam C&C”); (b) there are three-story fishery products processing plants below the 3-story fishery products processing plants on the ground of 2550 square meters of the factory site in Busan-gun, Busan-gun.