공사대금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. In a case where only the plaintiff appealed and limited the scope of dissatisfaction as part of the cited amount of the claim against the judgment of the court of first instance which cited a part of the claim of this Court, the entire claim, which was the subject of the judgment of the court of first instance, is indivisible, but the scope of the judgment of the court of appeal is limited to the scope of appeal filed by the plaintiff among the parts in this judgment (see Supreme Court Decision 2011Da8310, Jun. 28, 2013). With respect to this case, the health unit and the plaintiff sought payment against the defendant as the principal suit of this case, and the defendant sought payment of construction expenses, etc. that was incurred pursuant to the construction waiver agreement of this case. The court of first instance dismissed all the plaintiff's main claim of this lawsuit and partly accepted the defendant's counterclaim.
On the other hand, only the plaintiff appealed against the claim of KRW 416 million and all kinds of insurance premiums of KRW 302,952,257 (in relation to a counterclaim, the plaintiff appealeded to the purport that the claim for dismissal of the defendant's counterclaim should be offset against the claim of the above settlement amount which the plaintiff appealed with respect to the amount cited in the counterclaim of the judgment of the court of first instance). The scope of the judgment of this court is limited to the above part and the counterclaim that the plaintiff appealed with respect to the main claim of the judgment of the court of first instance.
2. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (3) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Parts to be dried;
(a) Second-party decision of the first instance; and
B. (2) The part of the “judgments” (Articles 7, 14, 10, 10, 7, 7, 14, 9, and 10) shall be as follows. “The Defendant, at the time of the agreement on the waiver of the instant construction works, 416,00,000 won as the expenses for on-site operation, including the 4th premiums after the waiver of the construction works, to the Plaintiff.