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(영문) 서울고등법원 2018.06.27 2017나9949
공사대금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for the return of the construction cost, a claim for penalty, and a claim for damages in lieu of the repair of defects in the principal lawsuit, and the Defendant filed a claim for the payment of the construction cost unpaid as a counterclaim. The court of first instance partially accepted the claim for damages in lieu of the repair of defects in the principal lawsuit, and dismissed all the claim for the return

Accordingly, the part against the defendant as to the claim for damages in lieu of defect repair and part of the part against the defendant as to the counterclaim. As such, the subject of adjudication in this Court is limited to the part concerning the claim for damages in lieu of defect repair and the part concerning the dismissed counterclaim among the part concerning the claim for damages in lieu of defect repair and the part concerning the counterclaim.

2. The reasons why this Court has stated with respect to this part of the basic facts are three pages of the judgment of the first instance court.

The first part of the first sentence “2013.6.6.” The following is added to “2013.5.5.” The fourth 2nd 2nd 3nd 3rd 3rd 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 6th 1st 10th 1st 10th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 200

D. On August 9, 2013, the Defendant responded to the purport that “The date of completion of the instant construction works shall be the date on which the Plaintiff and the Defendant agreed on May 2013, and the Defendant shall make every effort to promptly complete the construction, and the Plaintiff shall also make the best cooperation.” E. On November 7, 2013, the Plaintiff entered into a contract with the content that the Plaintiff shall supply the Plaintiff, and completed the remainder of the instant construction works, and the multi-household housing building (hereinafter referred to as “multi-household housing building”) on the fifth floor above the ground on March 24, 2014.

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