(영문) 광주고등법원 (전주) 2017.01.19 2016나23

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 (전주) 2017.01.19 2016나23

공사대금

Text

All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal are the principal lawsuit.

Reasons

1. The reasons for the entry of this case by the court of first instance with respect to this case are as follows, except in the following cases:

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

Part VI through 19 of the Decision of the court of first instance (paragraph 3 of the Reasons for the Decision of the court of first instance) shall be as follows.

3. Determination on a counterclaim

A. The Defendant’s assertion that the Plaintiff: (a) while carrying out the instant construction, caused the breakdown of the closing machine installed in five balls; and (b) did not recover therefrom; and (c) as a result of the breakdown of the said closing machine, the Plaintiff discarded the Defendant’s pigs 450 maris owned by the Defendant from August 15, 2012 to the effect that the poisonous gas generated in the said closing machine is not emitted out of the outside.

Therefore, the Plaintiff is obligated to pay the Defendant the amount of KRW 126,00,000 (i.e., the swine price of KRW 280,000 by the weight of 50km x 450 E) as damages for breach of the contract for construction, and damages for delay stated in the counterclaim claim against it.

B. As alleged by the Defendant, the evidence submitted by the Defendant, such as the statement or image of the evidence Nos. 2, 5, 10, 12, 13, 16, 17, and 19 (including the serial number) submitted by the Defendant is insufficient to acknowledge the Plaintiff, in light of the following circumstances, as to whether the Plaintiff caused the failure of the opening and closing machine for the instant construction, and whether the poisonous gas of the two pigs was discharged out of the outside, and thus, the swine No. 450 mashs owned by the Defendant was closed, without any dispute between the parties, or considering the overall purport of the pleadings as a whole, on the entries or video of the evidence No. 1, 3, 6, and 7:

Therefore, the defendant's counterclaim claim is without merit to examine further.

1. In light of the following circumstances, the Plaintiff was doing the construction of Defendant Yang Doon.

참조조문

-민사소송법 제420조

유사 판례

-전주지방법원 2015.12.04 2014가합139

-광주지방법원순천지원 2015.02.17 2013가합10414

-창원지방법원마산지원 2014.12.03 2013가단549

-대전지방법원논산지원 2015.06.04 2013가단1450

-부산고등법원(창원) 2020.06.04 2019나10494