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(영문) 부산고등법원 2018.08.29 2017나56295
공사대금
Text

1. Of the parts relating to the principal lawsuit in the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

1. The plaintiff sought reimbursement against the defendant for the main lawsuit, the unpaid construction cost, and the additional construction cost. Accordingly, the defendant claimed against the plaintiff for the payment of damages claim and the liquidated damages claim in lieu of defect repair against the plaintiff, against the defendant, as a counterclaim, as to the amount equivalent to the difference between the above unpaid construction cost claim and the additional construction cost claim and the additional construction cost claim against the defendant.

In regard to the plaintiff's claim on the main claim, the first instance court recognized the plaintiff's claim on the main claim as KRW 214,98,06,00,00,000,000,000,000,000 for the plaintiff's damage liability in lieu of the defect repair and for delay compensation claim against the plaintiff. Here, 17,009,92,281, which offsets the defendant's damage liability in lieu of the defect repair, as the amount of the non-paid construction and the amount of the additional construction compensation claim against the defendant, dismissed the remainder of the main claim, and ② with respect to the defendant's counterclaim, the defendant dismissed the counterclaim claim on the ground that the damage liability in lieu of the defect repair and the claim for delay

In this regard, the plaintiff appealed to a part of the part against which the plaintiff lost on the claims of the principal lawsuit, and the defendant appealed to the whole part against the claims of the principal lawsuit, so the scope of the judgment of this court is limited to the part against the principal claim

2. The underlying facts and the grounds for the court’s explanation on this part of the allegations by the parties are as stated in the relevant part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act

3. The reasoning for the court’s explanation concerning this part of the claim is as follows. This part of the judgment of the court of the first instance is as stated in the part of “3. Judgment on the claim of the principal lawsuit” in the judgment of the court of the first instance, except for the dismissal or addition of the following:

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