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(영문) 대구지방법원경주지원 2016.05.24 2015가단1973
하자보수비 등
Text

1. As to the Plaintiff’s KRW 81,156,968 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 81,156,968 from August 1, 201 to July 3, 201, and KRW 31.

Reasons

1. The description of the grounds for claims and the changed grounds for claims shall be as specified in the attached Form;

[3] Article 208(3)3 of the Civil Procedure Act provides that a set-off claim shall be set-off against a set-off claim in the final and conclusive judgment (Article 216 of the Civil Procedure Act). However, inasmuch as the Plaintiff asserted the claim of this case as a set-off claim in the Suwon District Court 201Gahap20747, but the set-off claim is dismissed on the ground that it did not assert or prove specific defects or damages, the res judicata effect of the final and conclusive Suwon District Court 201Gahap20747 does not extend to this case.

3. Partial dismissal part of the claim: 31,156,968 won expanded by an application for modification of the purport of the claim on May 2, 2016, the part claiming damages by 15% per annum from the day following the delivery of the duplicate of the complaint to the day of delivery of the application for modification of the purport of the claim on May 2, 2016, is dismissed, on the grounds that it is

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