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(영문) 대전고등법원 2018.10.24 2017나13838
공사대금
Text

1. This Court shall include any claims added, expanded or reduced principal action and any additional, expanded counterclaim claims.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning that this Court is premised on this part is that "1.34 billion won" of Part 5 of Part 3 is "1.342 billion won" of Part 5 of Part 3, and "Evidence 1 and 4 of Part 10" is the corresponding part of the reasoning of the judgment of the first instance except for the evidences of subparagraphs A1 through 4 "each height is the same as that of the corresponding part of the reasoning of the judgment of the first instance. Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The Plaintiff’s assertion 1) completed the instant building in accordance with the instant contract. Since the Defendant did not pay KRW 248,365,720 among the construction cost, the Plaintiff is obligated to pay the said unpaid construction cost. (2) Upon the Defendant’s request, the Plaintiff stated the amount under the instant contract at a higher level than the actual construction cost, and the Defendant paid KRW 15,805,000, which is 5% of the difference, in the sense of compensating the Plaintiff’s losses incurred thereby.

Therefore, the defendant is liable to pay the loss to the plaintiff.

3) Upon the Defendant’s request, the following additional construction works were carried out. As such, the Defendant filed a claim with the Plaintiff for KRW 81,884,149, the sum of the appraisal price for the additional construction works plus the construction cost of KRW 19,337,640, a total of KRW 61,884,149, the sum of the appraisal price for the additional construction works, plus the construction cost of KRW 19,337,640, and the said appraisal price shall be corrected to be calculated by mistake and calculated to KRW 61,84,151.

have the duty to pay the class.

4) Therefore, when deducting 46,714,423 won as defect repair expenses from the aforementioned amount of construction, loss, and additional construction, KRW 345,392,51 (i.e., KRW 248,365,720, KRW 15,805,00, KRW 81,221,791), the Defendant is obligated to pay the Plaintiff the amount of KRW 298,678,08 (=345,392,511 - 46,714,423, and delay damages.

B. According to the facts seen earlier prior to the determination of the claim for the unpaid construction cost, the Defendant shall pay the remainder to the Plaintiff, except in extenuating circumstances.

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