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(영문) 춘천지방법원 2019.08.28 2018나53679
구상금
Text

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

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for the case to be cited by the court of first instance as set forth in Article 420 of the Civil Procedure Act. As such, the reasoning of the judgment citing

2. However, “However,” under the fourth part of the sixth part of the judgment of the court of first instance, with respect to the food cost of KRW 5.90,000,000 paid in relation to the construction of G block and boundary line (hereinafter “G construction”) located in the above Gangwon-gun, as seen earlier, only the settlement agreement was reached between the Plaintiff and the Defendant as of December 30, 2014 only with respect to the instant contracts Nos. 1 and 2, and the evidence submitted by the Plaintiff alone alone is insufficient to recognize that the settlement agreement was reached between the Plaintiff and the Defendant regarding G construction, or that the settlement agreement was reached between the Plaintiff and the Defendant as of December 30, 2014 to include the settlement related to the said G construction in the settlement agreement, and there is no other evidence to acknowledge otherwise. Furthermore, the addition is no other evidence to add.

On the 8th judgment of the first instance court, the phrase “A No. 18” in the 16th judgment is viewed as “each description or image of evidence A No. 18”.

4) According to the theory of lawsuit, the defendant's total amount of KRW 15,491,00,000, total of KRW 7,760,000 in lieu of defect repairs (=7,731,000 won) and KRW 7,760,000 in lieu of defect repairs, as of the date of the date of the occurrence of the damage, the defendant's defense as to the existence or scope of the obligation of performance by the defendant from May 19, 2015 to September 4, 2018, the date of the first instance judgment, which is the date of the decision of the court of first instance, where it is reasonable for the plaintiff to dispute as to the existence or scope of the obligation of performance by the defendant from May 19, 2015 to September 4, 2018 under the Commercial Act (where a contract for construction works falls under a commercial activity, the obligation to guarantee the defects of the contract based on such contract may also be deemed a contractor'

(see, e.g., Supreme Court Decision 2009Da25111, Dec. 8, 2011). The promotion of a lawsuit from the following day to the day of full payment, etc.

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