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(영문) 대전고등법원 2018.08.22 2018나11549
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The first instance court, the scope of this Court’s trial, all of which dismissed the principal claim, and dismissed the lawsuit on the claim for damages of 115,249,858 won due to the non-construction of fireproof clothes, and accepted the part on the claim for damages of 142,595,864 won and 14,674,000 won among the claim for damages concerning the remaining defective items, and dismissed the remainder of the claim for counterclaim.

The scope of trial of this Court is limited to the reduced part of the main claim and the part cited in the first instance among the counterclaim claims, since only the plaintiff appealed to this court and partly reduced the purport of the main claim.

2. The reasons why this court is stated in this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the main claim

A. The gist of the parties' assertion 1) The plaintiff is not included in the contract of this case according to the agreement with the defendant. ① Construction of a temporary fence, ② Construction of outer wall fluorite, ③ Construction of outer wall fluorium, ④ Construction of a gluorum panel, ⑤ Construction of cargo elevator size change construction, and 6,118,149 won (i.e., additional construction cost) as additional construction cost, and (ii) return of unjust enrichment equivalent to the construction cost (i.e., 4,593,893 won (ii) 7,799,99,903 won (iii) 6,574,208 won (iv), 4,651,145 won (v) 20,000 won (ii) 6,500,000 won) and damages for delay.

Even if there are parts additionally constructed, such as the plaintiff's assertion, they are only objects of removal, since they were arbitrarily constructed by the plaintiff.

B. 1) Determination 1) Where a contract for construction works is concluded with fixing the total criteria for determining whether the main claim is an additional construction work.

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