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(영문) 수원지방법원 2021.01.28 2019나9634 (1)
공사대금
Text

The appeal by the plaintiff (Counterclaim defendant) and the claim extended by this court shall be dismissed, respectively.

after the filing of an appeal.

Reasons

1. The first instance court dismissed both the Plaintiff’s principal claim against the Defendant and the Defendant’s counterclaim against the Plaintiff, and the Plaintiff appealed only to the principal claim. As such, the scope of this court’s trial is limited to the principal claim.

2. The reasoning for this part of the judgment of the court of first instance, which cited the judgment, is the same as the corresponding column of the judgment of the court of first instance, except for the partial dismissal as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third to 14 parallels and 17 parallels in the judgment of the first instance are as follows.

“Around December 18, 2017, the Defendant paid KRW 50,000,00 to the Plaintiff with only KRW 50,000,000 as the instant construction cost, and subsequently resumed the instant construction work, the Defendant agreed to pay KRW 24,00,000 (= KRW 74,00,000 - KRW 50,000 - KRW 54,040,000) for the additional estimate to the Plaintiff around May 18, 2018, while the Defendant paid KRW 43,00,00 among them, only paid KRW 167,771,230 to the Plaintiff as the instant construction cost, the Plaintiff paid KRW 75,91,00 after discontinuance, 91,000, KRW 91,780,000 before the discontinuance of the instant construction work, respectively.

The argument is asserted.

As from July 15, 2018, the Plaintiff had to suspend the instant construction work on or around July 15, 2018 due to the Defendant’s failure to pay the construction cost.

The first instance court's 4th 2th 2th to 4th king are as follows.

【 Therefore, the Defendant is obligated to pay to the Plaintiff the amount of damages equivalent to the lost income of KRW 41,400,00, the unpaid construction cost of KRW 74,771,230 (the construction cost of KRW 167,771,230 - the construction cost of KRW 93,00,000 paid by the Plaintiff - the Defendant’s total of KRW 6,827,827,800, and the delayed damages of KRW 122,99,030 and the delayed damages.

The first instance judgment from 5th to 19th class of the judgment of the court of first instance is as follows.

“(A) First of all, the above-mentioned evidence, evidence No. 2, and evidence No. 9, and the purport of the whole pleadings are as follows.

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