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(영문) 광주고등법원(전주) 2020.11.19 2019나11321
공사대금 채무부존재
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff).

Reasons

1. In the first instance trial within the scope of this Court, the Plaintiffs filed a suit against the Defendant on August 31, 2015, to confirm the absence of the obligation for construction cost under the construction contract (hereinafter referred to as “the principal construction”) on the part of the Defendant, ② waste reclamation, defects in retaining wall construction and delay in construction, ③ implementation of the procedure for the completion of an urban development project, and indirect compulsory enforcement of the implementation of the procedure for the completion of an urban development project, and the Defendant filed a claim against the Plaintiffs for construction cost due to the principal construction and additional construction.

The judgment of the court of first instance accepted the claim for damages due to the delay in construction and the obligation to report the completion of urban development projects among the plaintiff's main claim, and dismissed the remaining claims, and partly accepted the construction cost due to the main claim of the defendant's counterclaim, and dismissed the remainder

Among them, the plaintiffs appealed on the claim for damages due to defects in the construction of retaining walls and on the claim for damages due to delay in construction. The defendant appealed on the implementation of the procedure for completing urban development projects and the claim for additional construction costs.

On the other hand, while the plaintiffs do not dispute the amount of the defendant's claim for the construction price as to the main construction works, they set up a defense against the defendant's claim for the construction price and the plaintiffs' claim for damages as examined below, the above part is also subject to the judgment

In conclusion, the scope of the judgment of this court is ① the plaintiffs' damages claim due to the defects in the construction of retaining walls and the delay in construction, ② the claim for the implementation of the procedures for the completion of urban development projects, and ③ the defendant'

2. The reasons for this part of the underlying facts are as stated in the corresponding part of the judgment of the court of first instance, except for the addition or dismissal of the following: therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

The third party of the judgment of the first instance.

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