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(영문) 의정부지방법원 2015.07.09 2014나2236
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim and the claim for the return of the provisional payment are dismissed.

2...

Reasons

1. The first instance court, as the principal lawsuit, accepted only the part concerning KRW 25,730,00 among the damages claimed by the Plaintiff to the Defendant, and only the part concerning KRW 961,914 of the construction cost claimed by the Defendant as the counterclaim, and the part concerning the damages for delay thereof, respectively, and dismissed the remainder of the Plaintiff’s principal lawsuit and the remainder of the Defendant’s counterclaim.

Since only the Defendant appealed against the above judgment of the first instance court, the part exceeding the above KRW 25,730,00 among the Plaintiff’s principal claim against the Defendant and its delay damages, and the above KRW 961,914 among the Plaintiff’s counterclaim claim against the Plaintiff, the above KRW 961,914 and its delay damages were excluded from the object of the judgment of this court.

Therefore, the above 25,730,00 won among the main claim and damages for delay thereof, and only the above 961,914 won among the counterclaim claim and damages for delay thereof exceed the above 961,914 won shall be subject to the judgment of this court.

2. The reasons why this Court shall explain concerning the instant case are as follows: (a) the part of “A. the Defendant’s assertion or refusal is made” to Chapter 5, Chapters 5, 13, and 6, of the judgment of the first instance; and (b) the part concerning the Defendant’s assertion in the trial is as follows 3; and (c) the reasoning of the judgment of the first instance is identical to that of the judgment, except for the addition of the following:

3. The part to be mard; and

A. The Defendant’s assertion that the construction cost of KRW 19,308,00 was additionally incurred in the process of the instant reinforced soil construction. As such, the Plaintiff is obliged to pay the Defendant the amount of KRW 20,269,914 (= KRW 19,308,000) plus the accrued construction cost of KRW 961,914 (= KRW 19,308,961,914).

B. (1) We examine the determination of the additional construction cost, and the Defendant’s instant reinforced soil construction contract.

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