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(영문) 대전지방법원 2017.11.03 2016나113823
보증채무금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant as the principal lawsuit for the amount of KRW 30,000,000,000, and the amount of KRW 41,695,000 equivalent to the amount of the temporary refund, and damages for delay. The Defendant filed a claim for reimbursement of KRW 20,000,000,000, and damages for delay paid to the Plaintiff as the counterclaim.

The judgment of the court of first instance dismissed all the plaintiff's claims on the merits, and accepted all the defendant's claims on the counterclaim. The plaintiff appealed all the judgment of the court of first instance against the plaintiff, but the judgment of the court of first instance reduced the purport of appeal as it did not appeal against the part against the claim for the amount equivalent to the unclaimed

Therefore, the part of the plaintiff's claim for the guaranteed debt of the temporary site and the defendant's counterclaim is subject to the judgment of this court.

2. The following facts of recognition may be found either in dispute between the parties or in full view of the statements or images of Gap evidence Nos. 1, 3, 5, 6, 20, Eul evidence Nos. 1, 5 through 8, 10, and 13 (including paper numbers), the witness Z of the first instance trial, and the testimony and arguments of the first instance trial.

The Defendant, as indicated in the table below, was awarded a contract for construction of a new building with the third floor and the first floor size of the rooftop (or the second floor size of the ground) from each building owner as indicated in the following table. On September 18, 2015, the Defendant entered into a contract for construction work with the owner of the building with the construction cost of KRW 529,00,000 for construction cost and reinforced concrete construction among the first and seventh construction as listed below, from September 10, 2015 to December 10, 2015, with the construction cost of KRW 529,00,000,000 for construction cost, and from September 10, 2015 to December 10, 2015. The construction site’s total floor area (D469.80,533.79, July 2, 19, 2005 to the construction cost of the building owner of the building at the order of KRW 65,565,65,5,5,67,55,5,565.

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