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1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit shall be modified as follows:
Reasons
1. The court of first instance accepted only 121,770,340 won among the claims for a warranty bond and a counterclaim among the claims for a warranty bond, and dismissed the remainder of the main claim and the remainder of the counterclaim, respectively.
The dismissed part of the counterclaim claim is a claim of KRW 34,771,994 out of the additional construction cost.
However, since only the Plaintiff appealed against the part against which the judgment of the first instance was lost, the claim for the security deposit for repairing defects and the claim for additional construction cost of KRW 34,771,994 among the counterclaim claims is excluded from the scope of the trial of the first instance. As to the part excluded from the scope of the trial of the first instance, the judgment of the first instance becomes final and conclusive at the same time as the judgment of the first instance was rendered (see, e.g., Supreme Court Decisions 2009Da35842, Jul. 28, 2011; 2011Da1864, Jul. 11, 2013). 2.
A. On February 1, 2010, the Plaintiff received a subcontract for the Korea Forest Construction Co., Ltd. 1 block 1 block 1 block 1 household (hereinafter “instant Seoul Forest Production Project”) and re-subcontracted the instant project by setting the contract amount of KRW 297,000 (including value-added tax; hereinafter the same shall apply) to the Defendant as of January 31, 201 for the construction period.
On May 201, the Defendant completed the instant Seoul Forest Production Project.
B. The Plaintiff was awarded a subcontract for the interior finishing work (a block 1 - 1 tools) of the project from SK construction among the Daelim Industry Co., Ltd. (hereinafter “Tlim Industry”) and SK Construction Co., Ltd. (hereinafter “SK Construction”), a contracting contractor for the Asan PF project (PF), and the Plaintiff was awarded a subcontract for the interior finishing work (a block 1 - 1 tools) of the project, among which it was called “Agsan Shipbuilding Construction,” and the Seoul Forest.