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(영문) 서울고등법원(춘천) 2019.01.14 2017나327
채무부존재확인
Text

1. According to the counterclaim claim that the court changed to an exchange in this court, the counterclaim Defendant is 199,719,823 won and the counterclaim Defendant is against the counterclaim.

Reasons

1. Scope of the trial of the political party after remand;

A. On January 23, 2015, the counterclaim Defendant filed a lawsuit seeking confirmation of the existence of the obligation against the counterclaim Plaintiff. On July 16, 2015, the counterclaim Defendant filed a counterclaim against the counterclaim Defendant with the purport of seeking confirmation of the existence of the obligation amounting to KRW 656,01,259, which was added to the file cost against the counterclaim Defendant. The first instance court dismissed both the principal lawsuit and the counterclaim. (2) The counterclaim Defendant withdrawn the appeal, and the counterclaim Defendant expanded the claim amount to KRW 665,901,259, to the counterclaim Defendant for confirmation.

The judgment prior to the remand accepted the appeal by the Lessee, and revoked the part on the counterclaim in the judgment of the first instance, and accepted all the claims by the Lessee.

3. As a result of appeal by the counterclaim Defendant, the Supreme Court reversed the judgment of the first instance prior to remand and remanded.

B. After remanding the scope of the trial of the party after remand, the scope of the trial of the party shall be limited to the part on the counterclaim.

2. Basic facts

A. The opposing defendant as the party is a company that newly constructs an apartment unit in the Seocho-si Seoul City (hereinafter “instant project”). The opposing defendant is a company that executes a new apartment unit in accordance with the instant project (hereinafter “instant apartment unit”). The opposing plaintiff is a company that entered into a construction contract with H (hereinafter “H”) with a company that entered into a land trust contract with the counterclaim defendant as to the instant project and constructed the instant apartment unit.

B. On July 18, 2013, the Plaintiff and the counterclaim Defendant entered into the instant business agreement (hereinafter “instant business agreement”) with respect to the instant business on the following business agreement (hereinafter “instant business agreement”).

A) The contractor-Counterclaim Defendant (A) and the beneficiary-Counterclaim Plaintiff (B) enter into an agreement with the following to determine the necessary matters for the “new construction of D apartment units in the early stage C.”

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