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(영문) 서울동부지방법원 2015.07.22 2014나24077
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. With respect to the claim by the Plaintiff against the Defendant for the payment of the unpaid construction cost and the additional construction cost, the Defendant filed a counterclaim against the Plaintiff for damages arising from the Plaintiff’s nonperformance of obligation, such as return of the unpaid construction cost and delay of construction cost. The first instance court dismissed all of the principal claim and partly accepted the claim for return of the non-execution cost.

Since only the plaintiff appealed, the scope of this Court's adjudication is limited to the plaintiff's main claim and the part against the plaintiff among the defendant's counterclaim claim (the claim for the return of the work price portion), and the part against the defendant's loss is excluded from the scope of adjudication.

2. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of "8 million won for unpaid remainder" of 13th of the judgment of the court of first instance (the total amount of 77 million won - the paid construction cost of 68,200,000 won) to "8,000 won for unpaid remainder" (the total amount of 77,000,000 won - the paid construction cost of 68,200,000 won). Thus, it is without merit in accordance with the main sentence of Article 420 of the Civil Procedure Act (not subject to the judgment of this court, from 9th to 11th and 1

3. According to the conclusion, all appeals filed by the Plaintiff against the principal lawsuit and counterclaim are dismissed. It is so decided as per Disposition.

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