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1. Of the judgment of the court of first instance, KRW 10,000,000 against the Plaintiff against the Defendant in the judgment prior to remand, and the said judgment on December 2, 2014.
Reasons
1. After the remand, the plaintiff's claim of this case was all dismissed in the first instance court subject to the trial after the remand. Accordingly, the plaintiff accepted part of the plaintiff's claim and dismissed the remainder of the plaintiff's appeal as described in the Disposition No. 1 in the judgment prior to remand, and the plaintiff appealed to the part against the plaintiff in the judgment prior to remand. The plaintiff's appeal against the plaintiff was dismissed, and the Supreme Court dismissed the plaintiff's appeal, and the part against the defendant in the judgment prior to remand was reversed and remanded this part of the case. Thus, the part against the defendant in the judgment prior to remand was already determined as the part against the plaintiff in the judgment prior to remand, and the part against the defendant was excluded from the scope of the judgment prior
2. Basic facts
A. On August 31, 2012, the Plaintiff entered into a contract with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to set the construction amount of KRW 110,511,00 with respect to Hdong and warehouse (I and Jdong) repair works (hereinafter “instant construction works”) as KRW 110,51,00, and paid KRW 80,000,000 in advance to Nonparty Co., Ltd. (hereinafter “instant construction works”). Moreover, the Plaintiff entered into a contract for retaining walls and partial roof framed construction works with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).
B. While carrying out the instant construction, the non-party company carried out part of the roof rail construction and removed part of the buildings. On October 2012, the head of Pyeongtaek-si issued an order to suspend the construction and remove steel structures already installed on the ground that the said construction was an act of violating the Building Act. The non-party company discontinued the instant construction around that time.
C. On October 15, 2012, the Plaintiff notified Nonparty Company and D of the rescission of the instant construction contract, and filed a lawsuit against Nonparty Company and D on May 3, 2013, claiming the restoration of the building to the original state, etc. (hereinafter “relevant civil case”), and the Seoul High Court (2013Na27949) filed a lawsuit against Nonparty Company and D on September 5, 2014.