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(영문) 부산고등법원 2016.08.31 2015나55335
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

1. The scope of the trial at this court’s trial at the first instance court, the Plaintiff filed a counterclaim claiming construction cost, and the Defendant filed a counterclaim claiming a return of unjust enrichment. Part of the principal claim was accepted, and all of the remainder of the principal claim and counterclaim claims were dismissed.

Since only the plaintiff filed an appeal, only the part against the plaintiff among the main claim is subject to the judgment of this court.

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that according to the instant contract, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 101,652,832, ② unpaid safety management cost of KRW 10,825,50, ③ health insurance premiums imposed by the National Health Insurance Corporation with respect to the instant construction project and long-term care insurance premiums of KRW 30,229,360, and delay damages therefrom.

B. The reasoning for the court’s explanation on this part of the decision on the unpaid construction cost is as follows, except for the dismissal or addition of the judgment of the court of first instance, the part of the judgment of the court of first instance, i.e., the “decision on the unpaid construction cost” from Chapter 6 to Chapter 8 below, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

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