(영문) 서울고등법원 2015.06.04 2014나3698 | 리걸엔진

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(영문) 서울고등법원 2015.06.04 2014나3698

손해배상(기)

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1. Claim for the principal lawsuit by the Plaintiff (Counterclaim Defendant) that was changed in exchange at the trial of the party, and the remainder of the Plaintiff (Counterclaim Defendant).

Reasons

1. The court of first instance rendered a judgment dismissing both the plaintiff's main claim and defendant B's counterclaim. Accordingly, since only the plaintiff appealed against the main claim, the scope of this court's judgment is limited to the main claim.

2. Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1, this part of the basic facts is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) Defendant B did not complete the construction work by unilaterally suspending the construction work upon entering into an agreement to perform according to the instant modified design drawings within the deadline for completion. As such, the instant construction contract was lawfully terminated upon the Plaintiff’s termination notification on May 22, 2012. Therefore, Defendant B’s assertion that the Plaintiff did not complete the construction work on the part of the Plaintiff, including ① KRW 50 million, which is part of the remaining construction cost of the non-construction part of KRW 425,736,058, the amount of damages equivalent to the remaining construction cost of the non-construction part, ② KRW 97,226,96, which was part of the construction cost of the construction work directly executed by the Plaintiff, including road packing, reinforced soil retaining walls, drainage pipes, and aggregate of KRW 206,437,7377,750,750,797, and damages for delay due to the Plaintiff’s violation of the instant construction contract.

Until the time of termination of the contract on May 22, 2012, there was no deadline for the completion of the works by the defendant or the suspension of works due to the reasons attributable to the defendant.

In addition, the modified design of this case is also the same.

참조조문

-민사소송법 제420조

유사 판례

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