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(영문) 대전고등법원 2016.08.17 2015나1404
공사대금등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaims are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The summary of the case asserts that the Plaintiff, as the principal lawsuit, had inflicted damages on the Plaintiff on the Plaintiff by hindering the Defendant from performing construction works that it contracted to the Plaintiff, by unfairly rescinding the construction contract, and by preventing the Plaintiff from receiving the construction cost, and by claiming for the payment of damages for the tort, 30,000,00 and damages for delay thereof, the Defendant asserted that as a counterclaim, the contract for construction works between the Plaintiff and the Plaintiff was lawfully rescinded due to the Plaintiff’s cause attributable to the Plaintiff, and that ① advance payment KRW 216,629,518, and additional charges KRW 18,18,32, and ② Additional charges KRW 207,980,285, and ③ damages equivalent to additional expenses arising from the cancellation of the contract due to the Plaintiff’s cause attributable to the suspension of construction, and each claim for the payment of damages for delay.

The judgment of the court of first instance dismissed the plaintiff's claim on the counterclaim, and the defendant's claim on the counterclaim was dismissed. The plaintiff appealed against the part of the counterclaim against the plaintiff on the part of the plaintiff's claim on the counterclaim [the whole claim (the damage amount of KRW 207,980,282 and the damage for delay), part of the claim (the damage amount of KRW 306,220,200 and the damage for delay).

(2) In the first instance court, the Defendant claimed 100,000,000 won and damages for delay on the part of the counterclaim, and the purport of the claim was reduced). 2. The reasons why the court's explanation on the instant case is to be stated in the judgment of the first instance court.

Until September 15, 2013, the part of Paragraph 3 (No. 5, 2013)’s “Until September 15, 2013,” which read the Defendant’s contracted construction work, is recorded in line with September 15, 2013, which is the full term of the “fireanam Two Zone Automaticnet Facilities Construction Work,” which is the entire construction period of the Defendant’s contracted construction work. In fact, the expiration date of the construction period is considered to be followed.

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