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(영문) 대구고등법원 2018.07.12 2017나392

공사대금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. The reasons why the court should explain in this decision are used in part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the judgment of the plaintiff to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Article 16-17 of the judgment of the court of first instance provides that “The evidence submitted by the plaintiff alone is insufficient to recognize that the defendant interfered with the performance of the plaintiff’s obligations,” of the first instance court’s first instance court’s first instance judgment, stating, “It is insufficient to recognize that the defendant interfered with the performance of the plaintiff’s obligations solely with all the evidence submitted by the plaintiff to this court and the circumstances of its assertion

(b)the following shall be added between the sixth and twentyth decisions of the court of first instance:

In addition, the Plaintiff asserts to the effect that the Plaintiff intentionally delayed the receipt of the machinery, etc. to be manufactured and installed by the Plaintiff due to the Defendant’s failure to designate the place of installation as the Plaintiff. However, in light of the facts and evidence of the instant case acknowledged earlier, even if considering all the evidence submitted by the Plaintiff to this court and the circumstances of its assertion, it is insufficient to recognize that the Defendant intentionally delayed the receipt of the said machinery, etc., and there is no other evidence to support this otherwise. Ultimately, the Plaintiff’s assertion on this part is unacceptable.

C. Article 10-11 of the first instance judgment of the first instance court provides that “In addition to the purport of the entire pleadings, the part regarding the “in addition to the purport of the entire pleadings,” shall be determined by taking into account all the evidence submitted by the Plaintiff to this court and the circumstances surrounding the assertion.

3. Additional determination

A. The plaintiff's summary of the plaintiff's assertion is stipulated by the contract of this case from the defendant.