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(영문) 서울고등법원 2017.12.19 2017나2000788
공사대금 등
Text

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

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

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for delay compensation for the construction cost, ② the claim for construction cost related to the increased total floor area, ③ the claim for return of construction cost reduction, ⑤ the claim for damages in lieu of defect repair, ② the claim for delay compensation, ② the claim for delay compensation, ③ the claim for non-payment of the non-payment related to the construction cost and access road construction cost, and the claim for payment of access road to the part constructed by the Nam Young-gu Construction among civil works, and the first instance court partly accepted “(i), ② the claim” among the main claim, and the “(iii) claim” and the counterclaim in the main claim were dismissed.

(No.4, 5, and 6 of a counterclaim does not recognize the existence of a claim based on the cause of the counterclaim itself. The “No.4, 5, and 6” portion of a counterclaim is recognized as having accrued a claim, but offsets the Plaintiff’s counterclaim against the Defendant recognized in the counterclaim. The Defendant appealed against this claim only by the Defendant. Since the Defendant withdraws “No.4, 5,” among the counterclaim claims, the part of “No.3” and “No.5,” among the counterclaim claims, were excluded from the subject of adjudication by the competent court.

2. The reasoning for the court’s explanation in this part is the same as that of the judgment of the court of first instance, and therefore, this part is acceptable by the main text of Article 420 of the Civil Procedure Act.

3. Judgment on the main claim

A. 1) The Plaintiff’s assertion 1) Claim for damages for delay on the construction price as to the Plaintiff’s assertion 1) The Defendant delayed the payment of the relevant construction price as stipulated in Article 9(1) of the General Terms and Conditions of each of the instant contracts (hereinafter “General Conditions”) even after the date of the payment. As such, 7% per annum on the relevant construction price delayed under Article 9(4) of the General Terms and Conditions.

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