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(영문) 서울고등법원 2015.01.23 2013나76309
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The plaintiffs asserted that the scope of the trial of this court agreed that the defendant performed incomplete construction design and supervision service contracts entered into with the plaintiffs, thereby causing damages to the plaintiffs, such as paying additional construction cost, etc., and the defendant agreed that the defendant shall bear the above additional construction cost. As the principal lawsuit, the defendant claimed the payment of the agreed amount or damages for each item in which damage was incurred against the defendant. Accordingly, the defendant claimed the unpaid design service cost under the design service contract as a counter-claim

In regard to this claim, the first instance court recognized damages caused by design defects in the multi-use entrance entrance among the damages claims asserted by the plaintiffs, but the damage claim therefrom was dismissed in its entirety on the ground that the damage claim was extinguished by offsetting the defendant's non-paid design service payment claim against the plaintiffs, which was recognized in the counter-claim. (2) With respect to the non-paid design service claim, part of the unpaid design service payment claim against the defendant was offset against the damages claim against the defendant, which is recognized in the above main claim.

Accordingly, the part of the part against the plaintiffs in this lawsuit against the plaintiffs is limited to the part of the appeal filed by the plaintiffs among the part on the main lawsuit of the court of first instance as to the contract amount or claim for damages, since the part of the part against the plaintiffs in this lawsuit against the plaintiffs as to the Daman-do Mado, Mado Mado Mado Mado, Mado Don Don Do

2. The reasoning for this Court’s explanation is as follows: (a) the lower court’s “F” at the 8th anniversary of the judgment of the first instance court is “I”; and (b) the lower court’s “A&D forum” at the 5th bottom of the judgment is the same as the corresponding part of the judgment of the first instance, except where “AN Forum” is respectively deemed “AN Forum.” Therefore, it is acceptable in accordance with the main sentence of Article 420

3. The parties' assertion

A. The Plaintiffs asserted.

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