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(영문) 대전지방법원 2017.01.20 2015나11821

공사대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The expansion from the trial.

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasons stated in Paragraph 1 of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. The reason why the court should explain this part of the judgment on the plaintiff's main claim is the third-party reasoning for the judgment of the court of first instance, except where the court of first instance renders the judgment as follows.

Since it is the same as the statement in the claim, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] On the 4th 2nd 4th 2, "A evidence and the purport of the entire pleadings in consideration of the entries of evidence No. 2 and witness D's testimony" are as follows: "The above evidence and the statement of evidence No. 2, and the purport of the testimony and the entire pleadings of witness D in the first instance trial."

The 5th parallel 10 to 16th parallels are as follows:

(B) Next, the Defendant asserts that, after the conclusion of the instant modified contract, the Plaintiff and the Plaintiff are obliged to pay only the remaining construction cost after settling the construction cost for the portion of the construction work after paying the additional cost, as the Plaintiff agreed to abolish the evidence A No. 2.

The Defendant agreed to abolish the agreement after the conclusion of the instant modified contract with the Plaintiff.

The defendant's assertion also cannot be accepted, inasmuch as there is no evidence to acknowledge the fact that the plaintiff agreed to pay the construction cost after settling the construction cost for the portion of the construction work that the plaintiff paid for the additional expenses.

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3. Judgment on the defendant's counterclaim and the defense of set-off

A. Although the Plaintiff’s assertion should complete the instant construction work by April 30, 2014 in accordance with the instant amendment contract, the Plaintiff completed the said construction work on May 21, 2014. As such, as to the 21st day of delay, 3% of the construction price per day, which is the rate of delay delay damages agreed at the time of the instant amendment contract, shall be applied.