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(영문) 인천지방법원 2016.04.28 2015나16729
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The reasons for the court’s explanation as to this part of the facts of recognition are as stated in Article 420 of the Civil Procedure Act, except where “Defendant C&C” and “Defendant C&C” respectively with “Co-Defendant C&C” and “Co-Defendant C&C of the first instance trial,” and the part of the reasoning for the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act. Thus, this part of the judgment is cited pursuant to the main sentence of Article 420 of the same Act.

2. The court's explanation concerning this part of the grounds for appeal No. 2-A of the judgment of the first instance.

Since it is the same as the entry of a claim, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The court's reasoning concerning this part of the defendant's argument is as follows: ① in the judgment of the first instance court, ② in the judgment of the first instance court and its appellate court (Seoul High Court 2015Na2013919), ② in the 5th and 8th, "it can be recognized that the above defendant has a claim for construction cost of KRW 99,58,014 against the plaintiff according to the above evidence," and the above defendant can be recognized as having a claim for construction cost of KRW 103,123,883 against the plaintiff, in full view of the overall purport of the arguments in the above, and ③ in the 5th and 17th, the defendant's claim for construction cost offset against KRW 100,000,000,000,000,000,0000,000 won. However, if the defendant's claim for a set-off against the defendant's automatic defense is again set-off against the defendant's claim for a set-off against the plaintiff's defense.

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