손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).
1. Following the conclusion of the judgment subject to a retrial, each of the following facts is either a dispute between the parties, or found by a substantial record.
A. On March 31, 2016, the Plaintiff filed a counterclaim against the Defendant for the payment of construction cost by asserting that the construction work for the newly built multi-family house was completed by the Defendant, claiming that there was a defect in the construction part of the said construction work. On April 17, 2017, the first instance court proceeding, against the Plaintiff on April 17, 2017, the Defendant filed a counterclaim for the payment of construction cost by asserting that the construction cost was not partially paid, inasmuch as the Defendant had completed the construction work in accordance with the said contract, under the title of Article 2017Ga76704 (Counterclaim) of the same Court.
B. The first instance court dismissed the Plaintiff’s claim on the principal lawsuit, and rendered a judgment that partly admitted the Defendant’s claim on the counterclaim, and only the Plaintiff appealed and filed an appeal. In the first instance court prior to the retrial, the Plaintiff extended the purport of the claim on the principal lawsuit, and the Defendant reduced the claim on the counterclaim.
C. On December 8, 2017, the District Court rendered a ruling to amend the first instance judgment (hereinafter “the judgment on review”) (hereinafter “the judgment on review”) including the Plaintiff’s claim that became final and conclusive in the first instance court prior to the retrial under the Act No. 2017Na215491, 2017 (Counterclaim), and 2017Na21507 (Counterclaim).
Although the Plaintiff appealed and filed a final appeal, the Supreme Court rendered a judgment dismissing the Plaintiff’s final appeal on January 17, 2019 as the head office of 2018Da272803, 2018Da272810 (Counterclaim) and became final and conclusive.
2. Determination as to the existence of a ground for retrial
A. Determination on the individual defects, etc. of the building completed in the judgment subject to a retrial by the Plaintiff was made with the Defendant’s false assertion, and only believed the result of appraisal in violation of various Acts and subordinate statutes.