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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the Defendant, and the Intervenor joining the Defendant.
Reasons
1. The summary of the instant case: (a) the Plaintiff suspended the construction of the building C from the Plaintiff while the Defendant was contracted with the Plaintiff to construct the building C (hereinafter “the instant construction”); (b) the Plaintiff paid an excessive amount of KRW 150,720,770 as the construction cost of the instant construction work; (c) the Defendant agreed to pay the Plaintiff additional construction cost of KRW 316,770,905; and (d) the Defendant sought payment of KRW 203,50,000, which is a part of the damages incurred due to the Defendant’s delay in performance (hereinafter “the instant construction”); and (d) the Plaintiff is liable to pay the Plaintiff damages amounting to KRW 701,425,322 due to the defect of the building constructed by the instant construction (hereinafter “the instant building”); (c) the Defendant’s defect repair substitution for the defect repair amount of KRW 92,729,00,696,322).
The first instance court accepted part of the Plaintiff’s claim [(i) 50,058,240 won, 149,875,000 won, 240 won, 3) and damages for delay. The remainder of the claim was dismissed, and the Defendant appealed against the lost part.
(4) In the first instance trial, the Plaintiff claimed KRW 701,425,322 of the Plaintiff’s claim and damages for delay thereof, and reduced the purport of the claim). 2. Judgment of the first instance court (Partial acceptance of the judgment of the first instance), the reasons why the court should explain this case, are as follows.
In addition to inserting the following contents at the last time of paragraph 2, paragraphs 1 and 3-A of the reasoning of the first instance judgment.
Paragraphs 1 and 5.
Therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act.
C. On the other hand, the defendant claims the payment of damages amounting to KRW 92,729,00 in lieu of defect repair even though the construction in this case was suspended and completed.