청구이의
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.
2. On a counterclaim among the judgment of the court of first instance.
Basic Facts
The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for cases where the judgment of the court of first instance is used or added as follows. Thus, this part of this Court is cited in accordance with the main sentence of Article 420
No. 4, 8, up to 10, 100, 1994 (hereinafter referred to as "related litigation") of the 4th parallel 8th parallel 8, 2012. In the case of the 5th parallel 8th parallel 8th parallel 8, 2012, 2012, the Seoul Central District Court filed an application for mediation against the Plaintiff and Gyeongnam-si for the payment of the unpaid construction cost and additional construction cost, etc. under the instant construction contract. However, as the mediation is not completed, the above case is the same court 2013Ga509994 (hereinafter referred to as "related litigation").
(2) On January 19, 2017, the Plaintiff filed an appeal as Supreme Court Decision 2017Da20945 Decided January 19, 201, against the judgment of the said appellate court as to January 19, 2017; and on the other hand, the Plaintiff filed an appeal as Supreme Court Decision 2017Da20945.
1. 24. The case paid KRW 646,672,864 to the principal and interest pursuant to the above appellate judgment, but the case did not appeal or appeal.
On February 16, 2017, the Supreme Court's notice of receipt of the record of appeal was served on the plaintiff.
The grounds for this part of the judgment on the claim for a principal lawsuit are as follows: (a) the “judgment” of the first instance judgment No. 6 is used as “a modified judgment”; and (b) except for the following addition, the reasoning of the first instance judgment is as stated in Paragraph (2). Therefore, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The above modified judgment in the appellate court is the same as a judgment revoking a part of the judgment of the first instance, which has the reason for appeal, by citing an appeal with regard to the part where the appeal is well-grounded, and the part where the appeal is not well-grounded. However, it is easy to avoid complicated contents of the order and to understand the contents of the order.