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(영문) 서울고등법원 2020.05.13 2019나2010123
공사대금
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim extended by this court, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The reasoning of this Court’s judgment as to the claims on this part is as follows, and this part of the reasoning of the judgment of the first instance is the same as that of the corresponding part of the judgment, except for the partial dismissal or addition as follows. Therefore, this is cited by the main sentence of Article 420

(다만 인용부분 중 “감정인”을 “제1심 감정인”으로, “증인”을 “제1심 증인”으로, “이 법원”을 “제1심 법원”으로 각 고친다). ▣ 제1심 판결문 제9면 제6행 이하를 다음과 같이 고쳐 쓴다.

“2) Therefore, the Defendant shall pay the Plaintiff the total amount of KRW 341,740,131 (=the additional construction cost of KRW 213,440,000,000 for the accrued construction cost of KRW 118,300,131).

3) However, the construction of this case requires an amount of 219,04,406 won (i.e., 95,076,495 won (the first appraisal) in lieu of the defect repair in the table below 95,07,552 won / [95] 123,967,911 won excluding the defect repair expenses of the item 9,531,057 won). Since the Defendant received 38,90,192 won from the FFF association as the warranty liability amount from 219,04,40,192 won to the Plaintiff, the Defendant is liable to pay the Plaintiff the remainder of 180,90,144,214 won after deducting the above 38,192 won from the 219,04,406 won to the Plaintiff as the remainder of 180,140,1301,140,1401,214,3014,2014,2514,214,207.

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