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(영문) 창원지방법원 2016.07.12 2015나33834
공사대금
Text

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

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The scope of the judgment of this court in the first instance court against the defendant as the principal lawsuit, and the defendant filed a claim for reimbursement against the plaintiff as a counterclaim. The first instance court dismissed the plaintiff's claim as the principal lawsuit and partly accepted the defendant's counterclaim.

Accordingly, since only the plaintiff appealed against the plaintiff among the judgment of the court of first instance, the scope of the judgment of this court is limited to the part against the plaintiff among the claims of the judgment of first instance and the counterclaim claims.

2. The reasoning of the court’s explanation concerning the instant case is as stated in the part of the judgment of the first instance, except for adding the judgment under paragraph (2) below, and thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. The Plaintiff’s assertion and the Defendant concluded the instant construction contract, and confirmed the construction cost as KRW 164,400,00 (Additional Tax separately), and there was no agreement to settle the construction cost according to the weight of steel actually invested in the instant construction project, and thus, the said construction cost cannot be reduced depending on the weight of steel actually invested.

B. Comprehensively taking account of the overall purport of the statement and arguments by Gap 1, the participatory contract (A) prepared at the time of the conclusion of the instant construction contract, stating that "not including the amount of settlement according to the weight criteria in the contract amount column" is stated in the contract amount column, ② the participatory engineer clause (8) of the above participatory contract stated "per unit in high-rise C, D section 137Ton", and Paragraph 10 of the above participatory contract is stated as "it can be deducted from the contract amount after direct processing if the delay in the construction work interferes with the schedule: the contract amount x the amount of deduction x the unpaid contract weight."

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