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Cases
(original)Return of the cost of design(s)2016Na144(s)
(Counterclaim)Return of design proceeds (Counterclaim) 2016Na151
Plaintiff (Counterclaim Defendant) and appellant
Co., Ltd.
The Intervenor joining the Plaintiff
Sweblus City Housing Association
Defendant (Counterclaim Plaintiff), Appellant, etc.
A
Judgment of the first instance court
Changwon District Court Decision 2013Da2272, 2014Gahap105 decided January 14, 2016 (Counterclaim)
Conclusion of Pleadings
October 6, 2016
Imposition of Judgment
October 27, 2016
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be borne by the plaintiff (Counterclaim defendant) in total, in the principal lawsuit and counterclaim.
Purport of claim and appeal
1. Main elements;
A. Purport of claim
The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) pays to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) 124,30,000 won with interest of 20% per annum from the day following the delivery date of the instant complaint to the day of full payment.
B. Purport of appeal
Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to pay below shall be revoked. The defendant shall pay to the plaintiff 124,300,000 won with 6% interest per annum from the day following the day of service of the complaint of this case to the day of sentencing, and 20% interest per annum from the next day to the day of full payment.
2. Counterclaim;
A. Purport of claim
The Plaintiff shall pay to the Defendant 654,812,400 won with 20% interest per annum from January 17, 2014 to September 30, 2015, and 15% interest per annum from the next day to the day of full payment.
B. Purport of appeal
In the judgment of the first instance, the part against the plaintiff shall be revoked, and the defendant's counterclaim corresponding to the above revoked part shall be dismissed.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court’s reasoning is the same as that of the part of the judgment of the court of first instance, and thus, this court cites it as it is in accordance with the main text of Article 420 of the Civil Procedure Act (it does not change the fact-finding and judgment of the court of first instance even considering the additional arguments
2. Conclusion
Therefore, the judgment of the court of first instance is just and the plaintiff's appeal against the main lawsuit and counterclaim of this case is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.
Judges
Judges Kim Jong-ho
Completion of Judge
Judges’ Conciliation Exchange