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(영문) 광주지방법원 2018.01.26 2017나52572
공사대금
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

In the first instance trial on May 6, 2015, the Plaintiff filed a claim against the Defendant for the payment of the unpaid construction cost and the construction cost under the construction contract concluded around May 20, 2015 (hereinafter “instant additional construction contract”) among the construction cost under the construction contract concluded by the Plaintiff and the Defendant on or around May 6, 2015 (hereinafter “instant basic construction contract”). Of the instant additional construction contract, in the case of the part of the instant additional construction contract, the Defendant filed a claim against the Defendant for the conjunctive Industrial Co., Ltd. as the primary Defendant, and the Defendant filed a claim against the Plaintiff for the payment of the damages due to the instant basic construction defect.

The court of first instance partially accepted the plaintiff's claim against the defendant, and dismissed the plaintiff's claim against the main defendant in the case of the construction work of the above-mentioned party, and accepted the conjunctive claim against the main defendant in the case of the construction work of the above-mentioned party.

On the other hand, the Defendant filed an appeal against the part of the part of the claim, which was cited by the Defendant in excess of 1,80,000 won for the construction price as the underground floor of the instant Additional Construction and the 3rd Aluminium, and the part of the dismissal of the claim for the said counterclaim.

Therefore, the remainder against which the Defendant is not dissatisfied was excluded from the scope of the trial of this Court (including the part on which the Defendant is not dissatisfied with, and the part on which the Defendant is not dissatisfied with, the main part of the Plaintiff’s conjunctive co-litigation (the part on which the Defendant becomes the main defendant and the White Industry Co., Ltd., claiming the construction cost of the ancillary defendant) as to the above part, and is not subject to the trial, and the part on which the Defendant cited in excess of 1.8 million won from the underground floor and each pipe construction cost of the third floor Aluminium of the instant Additional Corporation and the third floor Aluminium of the main

Basic Facts

A principal lawsuit or counterclaim shall be deemed to be a same.

The plaintiff.

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