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(영문) 대전고등법원 2020.10.14 2020나10983
공사대금
Text

The judgment of the first instance court is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 85,144,562 won and 562 won.

Reasons

The scope of the judgment in the court of first instance filed a claim for the payment of the construction cost in the court of first instance, and the defendant filed a counterclaim for damages in lieu of the defect repair incurred in the part of the construction work and for delay in the construction work. Part of the main claim is accepted, and only part of the damages in lieu of the defect repair in the counterclaim is recognized, and both claims are set off on an equal amount, and only the plaintiff's main claim was partially accepted and the defendant's counterclaim was dismissed

As to this, the plaintiff appealed to the part of the part against the plaintiff in the principal lawsuit, and the defendant appealed only to the part against the defendant in the principal lawsuit, and the defendant filed an appellate brief to the effect that "the part that the construction contract was concluded in connection with the claim for principal lawsuit and the part that judged the repayment defense" are dissatisfied with the "the part that the construction contract was concluded in connection with the claim for principal lawsuit and the part that determined the repayment defense." The court

【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】

2. All notices and expenses issued by an administrative agency in connection with construction that there may be an increase or decrease in the construction amount due to a design change, a material change, or a voluntary change of the project owner, after subsequent consultation, shall be borne by the project owner.

1. Expansion of removal after completion of the first floor office;

2. A floor heating including a floor heating system of a first floor;

3. Application of the standards for the creative heat rates of the first floor;

4. Application of standards for the rate of heat of the entrance of each floor;

5. The fourth floor (the part on the third floor referred to as "the third floor" shall be deemed to mean the part on which "the third floor") and the exclusion from the other part of the artificial complex, including the inner tin of the gurmos and the bottom slope of the floor (including heating pipes, excluding gurmoto boilers);

6. Exclusion from diverscules; and

7. Receipt of building owner-certified “final drawings”;

A. On September 9, 2016, the Plaintiff is three floors on the ground of 250 square meters in Dong-gu Daejeon District, Daejeon, which is owned by the Defendant, between the Defendant and the Defendant.

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