beta
Text
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The appeal by the Defendant (Counterclaim Plaintiff) and the trial were expanded.
Reasons
1. The reasoning for the court’s explanation of this case is as follows, except for adding the following determination as to the Plaintiff’s allegations in the trial of the first instance and the Defendant’s counterclaim claims expanded in the trial of the trial, and therefore, it is consistent with the reasoning of the judgment of the first instance. As such, this is cited by the main sentence of Article 420 of the Civil Procedure
2. The plaintiff continued to urge the defendant to pay the balance of the instant electrical construction, and the defendant already knew that he should pay the balance of the instant electrical construction to the plaintiff. Despite its recognition, the plaintiff's right to exercise the plaintiff's right by asserting false facts that he should deduct the part of the instant electrical construction from the installed. Thus, the defendant's claim for extinctive prescription constitutes an abuse of rights.
On the other hand, we cannot see that the above circumstance alleged by the plaintiff interferes with the defendant's exercise of right. Thus, it is difficult to view the defendant's claim for extinctive prescription as an abuse of right, and thus, we cannot accept
3. Additional determination on the counterclaim claim (the purport of the claim was expanded in the trial)
A. Defendant’s assertion 1) The Plaintiff did not run the instant electrical construction trial. As such, the Defendant ought to pay KRW 3,000,000 to the Defendant for the cost of handling the instant electrical construction trial to D. 2) The Plaintiff did not install the ter and twitls under the instant electrical construction contract, and thus, the Defendant should pay KRW 29,00,000 for the installation cost to the Defendant.
3) As the Plaintiff delayed the instant electrical construction, it is obliged to pay to the Defendant KRW 72,375,000 for delay from January 16, 201 to July 27, 201. (B) According to each of the statements in the records as stated in the Ministry of Foreign Affairs Nos. 2 and 6, D, upon request of the Defendant, completed part of the instant electrical construction trial.