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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B and the Defendant Song assistant Construction Co., Ltd.
Reasons
1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The phrase “262,69,660 won” in Part 5 of the judgment of the court of first instance shall be read as “49,247,660 won”.
From 5th to 13th of the decision of the court of first instance, the 5th to 12th of the decision is as follows.
824,764,00 won (97,041,340 won, among estimated profits of KRW 1,149,460,40,400 at the time of the contract, which falls under the base value of KRW 177,041,340, the Plaintiff asserts that the base value of the base value is KRW 85.15%, and that the amount equivalent to 85% of the estimated earnings shall be deducted. - The Plaintiff is obligated to pay the actual profits of KRW 201,525,00 and the actual profits of KRW 49,247,660) and damages for delay.
From 7th to 8th of the judgment of the first instance court, the first-class 8th to 21th of the judgment are as follows.
B. The Defendants’ assertion (and the cause of counterclaim) priority is not right to all the Plaintiff’s claim. If the Plaintiff’s claim on the principal lawsuit exists, the Defendant B set-off against the Plaintiff’s claim on the principal lawsuit with each of the following claims owned by the Plaintiff, and further, sought payment by a counterclaim.
1) On May 23, 2013, the Plaintiff borrowed KRW 400,00,000 from M under Defendant B’s guarantee. Defendant B paid KRW 400,000,000 to Nonparty M on October 14, 2013 in subrogation of the Plaintiff. Therefore, the Plaintiff is obligated to pay KRW 400,000,000 for indemnity to Defendant B. (2) Defendant B paid KRW 106,908,054 to F on behalf of the Plaintiff, and the Plaintiff is obligated to return the amount equivalent to the above amount to Defendant B as unjust enrichment.
3 In subrogation of the Plaintiff, Defendant B paid the equipment cost of KRW 100,000,00 to G, and the construction cost of KRW 190,00,000 to H, respectively, and the Plaintiff paid the said amount to Defendant B.