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(영문) 대전지방법원 2016.11.11 2016나102816
선기성지급금반환 및 지체보상금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The plaintiff asserted that the defendant suspended the construction without properly performing the construction work even after the contract was concluded by the plaintiff, and that the plaintiff completed the construction and the completion of the construction was delayed, and that the defendant sought payment of the construction cost and liquidated damages for the non-construction portion to the defendant. The defendant asserted that he performed the additional construction work not included in the previous construction contract scope with the plaintiff, and sought additional construction costs as a counterclaim.

The first instance court accepted only the claim for delayed payment among the plaintiff's principal claim, and dismissed both the plaintiff's principal claim as to the construction cost of the non-execution portion and the defendant's counterclaim, and only the defendant appealed as to the part against the defendant in the judgment above.

Therefore, the part of the Plaintiff’s claim for payment of construction cost in the part of the main claim was excluded from the scope of the judgment of the party.

2. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the part concerning the Plaintiff’s claim on construction cost on the non-execution part, and thus, citing it as is by the main text of Article 420 of the Civil Procedure

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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