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(영문) 광주지방법원 2017.11.29 2017나51272
공사대금
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. From the first instance court’s trial scope, the Plaintiff sought a payment of the construction cost according to the hull BLK contract on March 2, 2015 as the principal lawsuit, and the Defendant, as a counterclaim, sought compensation for damages on the ground that the Plaintiff unilaterally recovered from the construction site without a written notice of termination around June 2015. The first instance court accepted the Plaintiff’s principal claim and dismissed the Defendant’s counterclaim.

As to this, the defendant appealed only to the counterclaim part of the judgment of the court of first instance, the subject of the judgment of this court is limited to the defendant's counterclaim part.

2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, this court's reasoning is consistent with the reasoning of the judgment of the first instance except for the dismissal of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (3). Thus, this court's reasoning is cited in accordance with the main sentence of

3. On the grounds of the judgment of the court of first instance, the part of the dismissal is to delete the “determination as to the cause of the principal claim” under paragraph (2) of the same Article.

The fourth part of the judgment of the first instance is that the “determination on the cause of the counterclaim 3.3” in the second part of the judgment of the first instance is 2.2. The “determination on the cause of the counterclaim 4.3,” and the “F41P/S block” in the 8th part is 36,815,000 won, and the “40%” in the 18th part is 40%, respectively, with the “S734-F41P/S, F42P/S,” and the “36,815,000 won” in the 13th part is 36,81,00 won.

The fifth sentence of the first instance judgment "2,160,00 won" is "2,160,800 won" and "8,742,318 won" shall be "7,594,180 won" respectively.

Part 5 (5) and (5) of the first instance judgment shall be dismissed as follows.

B. Determination 1) On June 2015, there is no dispute between the parties as to the fact that the Plaintiff was removed from the construction site under the instant contract at the construction site at the end of the end of the period. 2) The Defendant unilaterally without notifying the termination thereof by the Plaintiff.

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