(영문) 부산고등법원 2016.01.13 2015나212 | 리걸엔진

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(영문) 부산고등법원 2016.01.13 2015나212

공사대금

Text

1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. The Plaintiff asserted that the principal lawsuit filed a claim against the Defendant for the payment of KRW 15,421,520 for the construction cost as of August 2012, and that the payment of the unpaid construction cost and damages for delay thereof was not made. ② The Defendant asserted as a counterclaim, that the Plaintiff’s defect was caused in the part of the process completed by subcontracting from the Defendant, and that the Plaintiff claimed against the Plaintiff for the payment of damages in lieu of the defect repair pursuant to Article 667(2) of the Civil Act, as well as damages for delay thereof.

In regard to this, the first instance court rejected the Defendant’s counterclaim on the ground that (1) the Defendant did not pay KRW 15,421,520 to the principal suit, and (2) the Defendant did not specify the substance of the defect, and that there was no specific proof as to the actual amount of damage in proximate causal relation with the defect of the Defendant’s assertion.

As the defendant appealed against this part of the judgment of the court of first instance, the scope of the judgment of this court is limited to the above (1) part of the judgment of the court of first instance against the defendant.

2. The reasoning for this Court’s explanation concerning this part of the basic facts is as follows, except for the part pertaining to “the grounds for recognition of 2 and 3” under Article 420 of the Civil Procedure Act, since the part pertaining to “the grounds for recognition of 2 and 3” in the judgment of the court of first instance is the same as the part corresponding to the reasons for the judgment of the court of first instance.

A person shall be appointed.

D. The Defendant’s bankruptcy and exemption, on the other hand, filed a petition for bankruptcy with the Changwon District Court 2014Hadan1323, Nov. 18, 2014, and was declared bankrupt on November 18, 2014. The list of creditors submitted by the Defendant to the bankruptcy court while filing a petition for bankruptcy is not paid KRW 15,421,520, which the Plaintiff seeks to pay to the Defendant as the principal

참조조문

-민법 제667조 제2항

-민사소송법 제420조

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