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(영문) 부산고등법원 2016.09.29 2015나5163
공사대금
Text

1. Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Scope of the trial;

A. In the meantime, the Plaintiff received from the Defendant on October 10, 2008 a supply of a new construction work for fishery products processing facilities on the three-story land for a factory site in Busan-gun, Busan-gun, and 2550.5 square meters above the land for a factory (hereinafter “instant construction work”).

(C) The Plaintiff filed a lawsuit against the Defendant for the payment of the unpaid construction cost of KRW 302,647,873 (the original claim amount of KRW 332,930,000) and damages for delay after deducting the construction cost already received from the agreed construction cost and the additional construction cost.

On June 16, 2011, the court of first instance rendered a judgment in favor of the Plaintiff ordering the payment of KRW 180,075,873 and delay damages for the non-execution cost of KRW 73,884,00,00 (the Defendant’s assertion on KRW 10,000,000 in subrogation for the non-execution cost of the non-execution cost of the non-execution cost of the non-execution cost of the construction cost of KRW 188,770,794 and value added tax separate) and the non-execution cost of the construction cost of KRW 21,88,00,00 (the non-execution of the Defendant’s assertion on KRW 10,00,00).

(2) The judgment of the first instance court prior to remand [the Busan High Court Decision 2011Na5066, 2012Na5186 (Counterclaim)] was appealed by both parties, and the Plaintiff added the claim for reimbursement (the wage paid on behalf of the Defendant) (the wage of 43,958,000 won and the electricity cost of 10 million won) at the trial prior to remand.

(However, the purport of the appeal is as mentioned above, and the purport of the appeal does not also have been expanded. The defendant is about KRW 90,881,00,000, which deducted the unpaid construction cost from the claim of indemnity due to the substitute payment of KRW 10,771,280,000, and KRW 10,000,000,000,000,000,000 (the claim of KRW 50,000,000,000 and KRW 27,000,000,000) in the trial prior to the remand of the case.

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