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(영문) 대전고등법원 2016.10.26 2016나11637
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Case summary and the presumed factual basis

A. The summary of the case is as follows: (a) The plaintiff, the bankruptcy trustee of the construction subject to the bankrupt (hereinafter referred to as the "subject construction") is the principal suit against the defendants; (b) after the target construction was selected as the subcontractor of the steel board file construction among the improvement projects B by the defendants, the target construction contractor; (c) had established a site office at the request of the defendants; and (d) had invested field employees, materials, equipment, etc.; (e) until the subcontract is terminated due to the reasons attributable to the defendants, the subcontract was executed and the actual commencement and progress of the construction are delayed; (e) the defendants suffered damages equivalent to KRW 338,676,962 (i) - the input cost - KRW 468,216,962 (i.e., the amount received for the original construction cost) - KRW 129,540,000 due to default; and (ii) the defendants' joint payment of damages amounting to KRW 338,676,9620; and (iii) the Defendants's total amount remaining 90840

The judgment of the court of first instance accepted some of the plaintiff's claims against the defendants (5,871,020 won and damages for delay thereof) and dismissed the remainder. All of the defendants' claims for counterclaim were accepted. Accordingly, the plaintiff appealed against the whole part of the part against which the plaintiff lost as to the main claim and the part against the counterclaim.

B. The court's explanation on this part of the premise facts is based on the first instance judgment's reasoning.

"A defendant shall be subject to construction in the paragraph."

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