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(영문) 부산고등법원 2015.12.03 2015나2324
공사대금 반환
Text

1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim of the judgment of the court of first instance shall be revoked, and that part shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff entered into each construction contract in the attached Table with the Defendant, and paid KRW 1,195,00,000 in total to the Defendant as stated in the attached Table No. 195,00,000, as the contract price for the construction work, as stated in the attached Table No. 1, Telecommunications, and Claim

However, the Defendant’s settlement amount of construction cost executed by the Defendant until the discontinuance of the instant construction work on June 2012 is KRW 772,090,000 as indicated in the Plaintiff’s assertion column, and the Defendant received excessive payment from the Plaintiff.

Therefore, the defendant is liable to pay to the plaintiff 422,910,000 won, which is the difference, and damages for delay.

B. As a result of calculating the calculation of the construction works and unconstruction works, alteration works, and additional construction works by the Defendant, the amount of the instant construction works executed by the Defendant is KRW 1,956,384,704 as stated in the Defendant’s assertion in the attached Table. Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 761,384,70, plus KRW 86,50,700, plus KRW 847,84,704, and delay damages for the amount of the instant construction works that the Defendant received from the Plaintiff, after deducting KRW 1,195,00,000 from the said money.

2. We examine the principal lawsuit and the counterclaim together.

All of the above arguments by the original defendant are premised on the premise that the plaintiff is a party to each construction contract as stated in the attached Table attached hereto, and there is no dispute between the plaintiff and the party who entered into each of the above construction contracts with the defendant as the foundation B, not the plaintiff. Therefore, each of the above arguments by the original defendant, whose premise is different, is without merit.

3. The conclusion is that the plaintiff's main claim and the defendant's counterclaim are all dismissed as it is without merit. Since the part concerning the main claim of the judgment of the court of first instance is just in conclusion, the plaintiff's appeal concerning the above part is dismissed as it is without merit, and the judgment of the court of first instance is dismissed.

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