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(영문) 대구고등법원 2019.04.19 2018나21556
기계제작비등
Text

1. Both an appeal against the principal claim and counterclaim by the Plaintiff (Counterclaim Defendant) and the selective claim added by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to the counterclaim, the first instance court partly accepted the claim for damages due to non-performance works, ② accepted the claim for damages in lieu of defect repair, ③ dismissed the part concerning the “heat steam, coal building demonstration equipment duct and storage, and the manufacturing and installation works for temperature (hereinafter “this case”)” in the claim for compensation for delay, and ② partly accepted the part concerning the “heat steam, coal building demonstration equipment, SCR combustion gas duct production and installation works (hereinafter “instant SCR”)”.

Accordingly, the Plaintiff and the Defendant appealed only against the part of the counterclaim in the judgment of the court of first instance “Ⅲ) part of the part against which the claim for liquidated damages with respect to the instant SCR works are lost” (the Defendant appealed also against the part against which the claim for liquidated damages with respect to the said works were lost, and the part against which the claim for liquidated damages with respect to the said works were lost, in the counterclaim in the judgment of first instance, but the purport of the appeal was reduced by reducing only the part against which the claim for liquidated damages with respect to the instant SCR works were lost.

Therefore, the scope of the court’s judgment on the counterclaim is limited to the part on the claim for delay compensation with respect to the SCR in this case (ii) the part on the counterclaim in the judgment of the court of first instance.

2. The reasoning of the court of first instance’s explanation concerning this case is as follows, and the reasoning of the court of first instance is as follows, with the exception of adding part of the judgment as set forth in paragraph (3) below, thereby citing the summary of the judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

No. 16 of the judgment of the first instance court, the first instance court’s “argument to dispute” refers to “argument to dispute”.

Under the third side of the judgment of the first instance, the “F” of the first instance court Nos. 1 and 8 No. 11 is called “E”.

3. Additional determination

A. With respect to the main lawsuit, the Plaintiff is unpaid.

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