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1. The remainder of the part of the judgment of the court of first instance, excluding the part that became final and conclusive by the judgment of remand.
Reasons
1. The progress of litigation and the scope of trial by this court after remand;
A. In the first instance court, the Plaintiff and the first instance court co-Plaintiff C and B claimed against the Defendant for the payment of the subcontract price (the claimed amount KRW 1,171,128,400, KRW C260 million, KRW 152,978,952), its delay damages, and damages for delay, and damages for delay in the event they are not found liable under the instant construction agreement, respectively, and damages for delay (the claimed amount KRW 919,605,67, KRW 189,951, KRW 448, KRW 152,978,952) and damages for delay.
(1) On April 20, 2017, the first instance court dismissed the Plaintiff’s primary claim on April 20, 2017, and the Plaintiff’s primary claim on the subcontract price and delay damages amounting to KRW 316,335,40. However, “98,038,356 won and the amount of money calculated at the rate of 5% per annum from July 1, 2015 to December 15, 2016, and the amount of money calculated at the rate of 15% per annum from the next day to the date of complete payment.” The first instance court dismissed the Plaintiff’s primary claim on the following grounds: “98,038,35,350 won and delayed damages amounting to KRW 218,297,400 among them; and the remainder of the Plaintiff’s primary claim on the delay damages amounting to KRW 200,000,000 and the remainder of the Plaintiff’s primary claim.”
B. Accordingly, the Plaintiff and B appealed against the Defendant respectively, and the Defendant appealed against the Plaintiff and C regarding their respective losing parts of the judgment of the first instance, and this court prior to the remanding of the case, as to the Plaintiff’s primary claim among the judgment of the first instance on March 9, 2018, the Plaintiff’s claim for construction cost amounting to KRW 316,335,400 and delay damages.