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(영문) 서울고등법원 2015.07.22 2014나42686
공사대금 등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

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

purport, purport, and.

Reasons

1. The plaintiff sought payment of the remaining construction cost (62,185,000 won) and the equipment cost (12,00,000 won) as the principal lawsuit. The defendant multi-party construction sought compensation for the value of the non-paid raw materials (424,692,205 won) and the manufacturing cost (33,746,830 won) as the counterclaim.

The first instance court recognized the occurrence of damages claim amounting to 229,939,630 tons of raw materials of the non-paid part among all the claims sought as a principal lawsuit and the claims sought as a counterclaim, and determined that each of the above claims has extinguished on an equal amount due to set-off, and accepted 15,754,630 won (=29,939,630 - 62,185,000 won - 12,00,000 won) among the claims for counter-claim and the other claims for counter-claim, respectively.

Only the plaintiff appealed from the judgment of the court of first instance against the plaintiff.

Therefore, the part against the plaintiff among the claims for the principal lawsuit and counter-claims is subject to adjudication of this Court, and the part against the defendant Daehan Construction lost is 166.274 tons of raw materials of non-paid families (i.e., 362.590 tons - 196.316 tons) of value compensation and production costs claims were excluded from the subject of adjudication of this Court.

2. The reasoning for the court's explanation of this case is as follows: ① The state of raw materials in the Plaintiff's custody among the counter-claim claim for Defendant Daehan Construction Co., Ltd. (as to 10, 15, 11, 600 tons of raw materials in the judgment of the court of first instance) and ② the part concerning the manufacturing cost of insufficient materials (as to 3. b. 2 of the judgment of the court of first instance), the part concerning the manufacturing cost of insufficient materials (as to 4th 4th 4th to 13th 4th 13th . of the judgment of the court of first instance)

(1) The Civil Procedure Act shall be amended in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as that of the judgment, except for dismissal or addition as follows:

The 3rd sentence of the first instance judgment shall be taken into consideration as the 5th sentence, each "Dong". The 6th sentence "No. B. 1, 2, and 8" shall be "No. 1, 2, and the 14th sentence "each entry" shall be described or "each entry".

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