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(영문) 서울고등법원 2019.08.16 2018나2005193
공사대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, in the principal lawsuit, the Plaintiff sought the payment of the unpaid progress payment, ② additional construction cost, ④ village development fund, ⑤ overdue payment paid to the subcontractor, ④ the remainder of the construction cost, ② the management cost after the completion of the construction, and each delay delay damages therefrom. The Defendant claimed the payment of ① liquidated damages, ② the repair of defects, ③ the suspension of business, ④ the repair of defects, ④ the repair of defects, ④ the damages for delay, and each delay delay damages in the principal lawsuit, and the first instance court partly accepted the Plaintiff’s claim, ②, ③ through viii the claim, ④ the Defendant’s counterclaim and dismissed the Defendant’s counterclaim.

As to this, the defendant only appealed against the part against the defendant among the principal lawsuit and counterclaim, the scope of the judgment of this court is limited to the part against the defendant among the plaintiff's claims against the principal lawsuit and the counterclaim claim against the defendant.

2. The court's explanation concerning this case is identical to the statement of the grounds of the judgment of the court of first instance except for the case being cited or added as follows (Provided, That the above three or six claims of the plaintiff not belonging to the scope of the judgment of this court among the claims of the court of first instance, and the claims are excluded). Thus, the court's explanation concerning this case is acceptable pursuant to the main sentence of Article 420

[Supplementary or supplementary parts] From 7th of the judgment of the court of first instance to 8th of 7th of 19th to 7th of 8th of 19th of 199.

“1 The instant construction contract provides that the Plaintiff shall perform the construction completely so that the concept of “construction” can fulfill the unique functions as a logistics warehouse as well as completing the prescribed process, and shall complete all administrative procedures such as approval for use, etc. to enable the use of the goods as a logistics warehouse. The date of completion shall be August 24, 2014; however, in consideration of the same period, the compensation for delay shall not be claimed until October 24, 2014.

However, this case.

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