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(영문) 서울고등법원(춘천) 2016.03.30 2013나2042
공사대금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) is jointly and severally liable.

Reasons

The part concerning "1. Basic Facts" and "2. Judgment on the claim of the principal lawsuit" among the grounds of the judgment of the first instance which partially accepted the judgment of the court of first instance shall be cited in accordance with the main sentence of Article 420 of

The main point of the Defendants’ assertion regarding the defendants’ counterclaim and counterclaim is to claim that the plaintiff has each of the following claims against the plaintiff, and to claim that the plaintiff’s claim against the defendants is offset against the equivalent amount of the plaintiff’s claim against the defendants.

(1) The Defendants asserted that the Defendants asserted damages in lieu of the Plaintiff’s claim against the Plaintiff as to the existence of a counterclaim claim is against the Plaintiff’s claim. However, as seen earlier, the Defendants asserted that, due to the Plaintiff’s non-construction, defective construction, etc., there were any defects such as the entry in the item column in the table in the attached table in the attached table of defect repair expenses in each of the instant buildings. As to the Defendant C with the defect repair expenses, the Defendants claimed KRW 17,502,00 (i.e., the defect repair expenses of KRW 88,891,00 (=28,611,000 among the cost of outdoor civil construction and site construction of the building owned by Defendant C), and KRW 117,403,00 against Defendant B (i.e., the cost of defect repair of the building owned by Defendant B, KRW 88,792,00,000 among the cost of outdoor civil construction works and site construction expenses of KRW 201,20816).

In full view of the occurrence and scope of damage claim in lieu of defect repair and the cost of defect repair, each of the evidence Nos. 2 and 9, each of the appraisal results by the first instance trial appraiser H and the first instance trial appraiser J, each of the appraisal results by the first instance trial and the first instance trial appraiser H, the results of the entrustment of the supplementation to the first instance trial and the fact-finding results, and the whole purport of the oral argument, each of the buildings

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