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1. Articles 1 and 2 of the judgment of the court of first instance, including the defendant (Counterclaim Plaintiff) B church's counterclaim claim expanded in the trial of the party.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The premise of the case
A. At the first instance court, the Plaintiff filed a suit against the Defendants, claiming the payment of the unpaid construction cost of KRW 117,640,000 and the delayed payment damages therefor. ② The Plaintiff filed a counterclaim against the Plaintiff, which sought the payment of KRW 208,660,00 as damages in lieu of defect repair (=total damages of KRW 326,30,000 - the unpaid construction cost of KRW 117,640,000) and the delayed payment damages thereof, and the Defendant C filed a counterclaim claiming the payment of solatium damages of KRW 15,00,000 and the delayed payment damages of KRW 15,00.
B. The first instance court partially accepted the Plaintiff’s claim and ordered the Defendants to pay 88,857,431 won (i.e., unpaid construction cost 117,640,00 won - damages 28,782,569 won in lieu of defect repair) and damages for delay, and ordered the Defendants to pay damages for delay. The first instance court sentenced the Defendants’ counterclaims all dismissed.
C. As to the judgment of the court of first instance, only the Defendants dismissed the Plaintiff’s claim on the principal lawsuit, and the Defendants accepted the Defendants’ claim on the counterclaim and filed an appeal to the effect that “.”
The defendant church extended the counterclaim claim to seek damages for damages for the amount of 459,490,000 won and damages for delay thereof from the trial on December 22, 2016. On the third day of the trial of the first instance on July 17, 2017, the defendant church only maintained the claim for damages of 336,63,95 won as specified in the following table and arranged the grounds for the counterclaim claim as the withdrawal of the remaining claims, but did not reduce the claim for the counterclaim claim.
The amount of the first instance court's claim concerning the counterclaim claim, the amount of the first instance court's judgment, the amount of the party's claim and the final argument of the party's final judgment are as follows.
The summary of the counterclaim shall be 19,10,20,000 won 9,00,574 won 15,200,000 won 19,108,574 won 261,90,90,000 won 15,063,95 won 282,605 won 282,60 won 261,90,000 won 261,574 won referring to attached Table 14,200.