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1. The judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid below among the main part of the lawsuit.
Reasons
1. The reasoning for this court’s explanation is as follows: (a) deletion of the entry of “B” portion of the fourth and sixth “B” of the judgment of the court of first instance; and (b) replacement of “Experts” of the 19th as “Experts of the court of first instance” is the same as that of the corresponding part of the judgment of the court of first instance; and (c) acceptance is made pursuant to the main sentence of Article 420 of
2. According to the above facts, the defendant is obligated to pay to the plaintiff 9,390,734 won [the 4,390,734 won for the construction work of the building of this case (the 310,000,000 won for the agreed construction work - the 250,000,000 for the agreed construction work - the 21,640,000 for the agreed construction work - the 33,969,2666 won for the damages caused by defects] and delay damages, barring any special circumstances.
3. The defendant's defense of set-off and counterclaim.
A. The defendant's assertion that the above construction cost that the defendant is liable to pay to the plaintiff and the damages for delay that the plaintiff is liable to pay to the defendant (in the absence of an agreement to delay the completion of the construction of this case or the damages for delay, if the agreement to compensate for delay is not acknowledged, the damages arising from the plaintiff's delay of performance and the damages for delay are offset against the defendant's non-construction of the first floor commercial building of this case.)
B. It is difficult to recognize that there was an implied or negative agreement between the Defendant on the damage liability ① the part concerning the liquidated damages for delay, and the Defendant’s damage liability.
The reason is the same as the statement of the reasons from 5th to 7th, the fifth to 1st, and the above part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
(However, the part concerning the liability for damages caused by delay in the performance of the 6th page 13 as “Plaintiff”, and the 14th page as “Plaintiff” respectively. (2) The Plaintiff is liable for damages arising from delay in performance.