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1. All of the Plaintiff’s appeal against the instant counterclaim and the incidental appeal by the Defendant (Counterclaim Plaintiff) are dismissed.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the judgment of the first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The court's explanation of this part of the judgment on a counterclaim is as stated in paragraph 3 of the judgment of the first instance except for partial dismissal or addition as follows. Thus, this part of the judgment is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The "2,869,060 won" in the 8th sentence of the first instance court shall be "1,035,610 won".
"27,449,060 won" in the 8th sentence of the first instance judgment is "2,772,110 won (i.e., transportation expenses of KRW 11,736,500, which is part of 14,580,000 among additional expenses related to delay in remodeling and repairing a building)."
The "14,580,00 won" in the 8th sentence of the first instance court shall be "1,736,500 won".
Each "2,869,060 won" shall be "1,035,610 won" in the 7th sentence and 8th sentence.
In the second sentence of the judgment of the first instance court, “The defendant claims damages for delay calculated at the rate of 20% per annum from the day after the date when the judgment of the first instance is rendered to the day after full payment is made, but the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is changed to 15% per annum from October 1, 2015 to 15% per annum pursuant to the provisions on legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).”
3. In conclusion, the defendant's counterclaim of this case is justified within the above scope of recognition, and the remaining counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and both the plaintiff's appeal against the counterclaim of this case and the defendant's incidental appeal are dismissed as it is without merit. It is so ordered as per Disposition.