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1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked, and all of the principal lawsuit of the plaintiff (Counterclaim defendant) shall be dismissed.
2...
Reasons
1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The phrase "this Court" of the first instance court's decision that is dismissed or added shall be considered as "the first instance court" collectively.
Part 6 of the judgment of the first instance court is "1,010,783,362 won" in Part 18, "1,010,783,632 won."
In Part 8, the following shall be added to the 9th decision of the first instance.
8 With respect to each of the claims of the Plaintiff, an order of seizure and collection was issued in excess of the amount of the claim, and accordingly, the Plaintiff lost its standing to claim each of the claims of this case.
In Part 8, "3. Judgment" in Part 10 of the decision of the court of first instance is "3. Determination on the existence of individual claims".
Part XII:17 of the Decision of the first instance shall add the following:
According to the testimony of J of the witness at the trial court, the J, as the managing director of the Plaintiff, performed the work of the instant construction. On April 10, 2014, the J presented the Defendant’s husband H the instant confirmation document, explained the Defendant’s additional construction cost of KRW 71,60,000, and was signed by H.
However, considering that the court’s explanation by the witness H of the trial at the trial understood that “I previously received KRW 232,00,000 from the plaintiff as the cost for the introduction of construction works, I shall receive KRW 160,400,000 from the plaintiff after deducting the cost for additional construction works,” and testified that only signed the confirmation of this case and there is no agreement to actually pay the plaintiff the cost for additional construction works. The items of the contract amount in the confirmation of this case are stated as follows: “The amount of the contract amount in this case is KRW 71,60,000, KRW 232,000,000, KRW 160,400,000”, solely based on the facts acknowledged earlier, H is the defendant’s representative.