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(영문) 서울고등법원 2015.03.31 2014나54085
공사대금
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. In the first instance trial, the Plaintiff as the principal lawsuit against the Defendant: ① the remainder of the construction work is KRW 210,325,00; ② the additional construction cost is KRW 526,531,671; and ② the additional construction cost is KRW 526,531,671; and the damages for delay thereof are claimed against the Plaintiff as a counterclaim. The Defendant claimed against the Plaintiff for payment of KRW 71,651,651,363, which deducts the Plaintiff’s remainder of the construction payment claim, which is the sum of KRW 461,896,363, and the damages for delay, which is the substitution of the defect repair, from the sum of KRW 454,00,00.

On the other hand, the judgment of the court of first instance did not recognize the above additional construction cost claim of the plaintiff among the plaintiff's main claim, and recognized the whole claim of 210,324,00 won of the plaintiff's claim of 461,896,363 won in lieu of defect repair and the claim of 20,000 won in compensation for delay in lieu of the defendant's claim of 461,896,363 won in lieu of defect repair, and accepted the defendant's counterclaim of set-off. Ultimately, the plaintiff's claim of 271,571,363 won in all are dismissed, and 271,571,363 won in all are 481,89,363 won in all,363 won in - 210,324,000 won in - 20,000 won in part

On the judgment of the court of first instance, the plaintiff appealed on each part against the principal lawsuit and counterclaim, and the defendant appealed on the part against the counterclaim, which is set forth in Article 2-B of the purport of the claim.

The part of the claim was appealed with respect to the amount indicated in the plaintiff's counterclaim. The judgment prior to the remanded the part which accepted part of the appeal on the plaintiff's counterclaim and ordered the plaintiff to pay more than 63,409,269 won and damages for delay thereof to the defendant, and dismissed the defendant's counterclaim corresponding to the revoked part, and dismissed the plaintiff's appeal on the plaintiff's main claim and the remaining appeal on the counterclaim and the defendant's appeal

The plaintiff and the defendant filed an appeal as to each part of the judgment against them, and the judgment of remand is in the judgment before it is remanded.

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