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(영문) 대법원 2016.07.29 2015다20056
채무부존재확인
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Counterclaim Plaintiff (hereinafter “Plaintiff”).

A. First Point 1, the lower court acknowledged that the Plaintiff completed a design other than the completed design for the housing of 4,00 households and the housing of 200 households in the area of Libybya among the design scope of the instant service contract, and that the remainder of the housing for 200 households in the area of sale (the first unit) was not commenced, and that the counterclaim Defendant (hereinafter “Defendant”) was paid 87.74% of the total design cost in the area of Mibya and Thai (hereinafter “Defendant”) before the occurrence of Libyia, as progress payment related to the design business of this case, 87.74% of the total design cost of 70 billion won in the service contract of this case; 70 billion won in the area of 11.8 billion won in the service contract of this case; 70 billion won in the area of 40 billion won in the design of this case; 70 billion won in the design cost of this case excluding the amount of 2,544,000 won in the design cost in the area of this case, and 7800 billion won in the design cost.

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