(영문) 전주지방법원 2019.04.25 2018나5228 | 리걸엔진

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(영문) 전주지방법원 2019.04.25 2018나5228

공사대금

Text

1.To order payment in excess of the following amounts among the parts concerning the principal lawsuit of the judgment of the court of first instance.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, given that the reasons for the acceptance of the judgment of the court of first instance

2. The height of the judgment of the court of first instance shall be from 6th to 7th 3th scam of the judgment of the court of first instance as follows:

As to the Plaintiff’s KRW 75,30,00 and KRW 66,30,00 which the Defendant paid to the Plaintiff on behalf of the Defendant from October 1, 2013 as the date of completion of the instant construction to October 1, 2013, and KRW 4,00,000,000 from March 26, 2014, the day following the payment date for the Plaintiff’s removal expenses paid by the Plaintiff on behalf of the Defendant; and KRW 55% per annum under the Civil Act until April 25, 2019, which is the date of the final judgment where it is reasonable for each Defendant to resist the existence or scope of the obligation; and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment (the portion of the Plaintiff’s removal expenses paid on behalf of the Defendant shall be 4,000,000,000,000).

(i) ";

3. According to the conclusion, the plaintiff's claim in the principal lawsuit shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed for lack of reasonable grounds. The defendant's counterclaim shall be dismissed for lack of reasonable grounds

Therefore, the part concerning the principal lawsuit in the judgment of the court of first instance is unfair based on a different conclusion. Accordingly, the part against the defendant in excess of the above recognized amount is revoked, and the plaintiff's claim for the principal lawsuit corresponding to the revoked part is dismissed, and the remaining part concerning the principal lawsuit in the judgment of the court of first instance and the part concerning the counterclaim are legitimate in conclusion. Therefore, this part of the appeal by

참조조문

-민법

-민사소송법 제420조

-소송촉진 등에 관한 특례법

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