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(영문) 서울고등법원 2016.11.15 2016나3463
공사대금
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 the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. To add “Evidence A 9, 17, 21, and 26” to “Evidence A 9, 17, 21, and 26” of the first instance judgment Nos. 4, 14.

On the 8th instance judgment, the “209,557,00 won” in the 19th instance judgment is deemed to be “290,557,000 won.”

Part 11 of the first instance judgment, the following shall be added to the third instance judgment:

“In addition, the Plaintiff filed a civil petition while the Plaintiff was doing construction work according to the instant subcontract, and the government market price demanded the Defendant to suspend construction work on or around July 2012, and the Defendant requested the Plaintiff to suspend construction work during the said period from July 2012 to September 2012. As such, the Plaintiff asserted that the Plaintiff did not assume any delay liability during the said period. However, there is no evidence to acknowledge the Plaintiff’s assertion, and the Plaintiff’s assertion is without merit.”

3. In conclusion, the plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim is justified within the above scope of recognition, and the remaining counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the plaintiff's main claim and counterclaim are dismissed. It is so decided as per Disposition.

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