beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 27, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost (Seoul District Court 2009Gahap21693). On June 16, 2011, the said court rendered a judgment in favor of the Plaintiff to the effect that “the Defendant shall pay the Plaintiff KRW 180,075,873 and its delay damages, and the Plaintiff may execute the provisional execution (hereinafter “the judgment of the first instance”).
B. The judgment of the appellate court prior to the remanding case, the plaintiff and the defendant appealed respectively, and the defendant filed a counterclaim (the Busan High Court 201Na5066) claiming construction cost against the plaintiff while continuing the above appellate court (the Busan High Court 2011Na5066).
On October 30, 2012, the above appellate court rendered a judgment to the effect that "the part against the defendant in the judgment of the first instance against the defendant among the judgment of the court of first instance shall be revoked, and the part concerning KRW 65,959,129 among the revoked part shall be dismissed, and the remainder of the plaintiff's main claim shall be dismissed," and that "the plaintiff shall pay the defendant 170,251,616 won and its delay damages, and the defendant may execute the provisional execution (hereinafter referred to as "the judgment of the appellate court of exchange transmission")."
C. On April 25, 2013, the appellate court rendered a final appeal against the judgment prior to the remanding the judgment of the appellate court prior to the remanding the judgment of the appellate court, and the appellate court (Supreme Court Decision 2012Da116543, 2012Da11650, Counterclaim) rendered a judgment on April 25, 2013 to the effect that “the construction cost of 180,075,873 won and the damages for delay in the principal lawsuit of the judgment of the appellate court prior to the remanding the judgment of the appellate court shall be reversed and the parts concerning the defect repair cost of 72,494,636 won and the damages for delay thereof shall be remanded to the Busan High Court.”
After remanding, the appellate court's decision and the appellate court's decision which continued to be reversed and remanded (Seoul High Court 2013Na3682, 2013Na3699, Counterclaim) are followed.