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(영문) 대구지방법원 2019.12.11 2019나303535
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. The reasoning of the court's explanation of this case is as stated in the judgment of the court of first instance, except for dismissal or addition as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. On the second ground of the judgment of the court of first instance, the “15,716,00 won” of the first instance judgment is deemed to be “15,761,000 won.”

B. Under the sixth part of the judgment of the first instance, the term “15,716,00 won (38,761,000 won - 23,000,000 won)” in the second part of the judgment of the first instance is “15,761,000 won (38,761,000 won - - 23,000,000 won).”

C. According to the testimony of the witness H of the first instance trial, the Plaintiff attempted to reach an agreement with the Defendant on the basis of the additional construction work as stated in the evidence No. 12, as well as the fact that the agreement was not reached, shall be added to the end of the 7th instance judgment.

On the 7th instance judgment, the “15,716,00 won” in the 13th instance judgment is deemed to be “15,761,000 won,” and the “6% per annum prescribed by the Commercial Act” in the 15-16th instance judgment is deemed to be “5% per annum” prescribed by the Civil Act.

3. The defendant's counterclaim claim is reasonable within the scope of the above recognition, and the remainder of the counterclaim claim and the plaintiff's main claim must be dismissed in entirety on the grounds that there are no reasonable grounds.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal against the principal lawsuit and counterclaim is dismissed. However, since it is obvious that there is an error in the part of Paragraph (1) of the judgment of the court of first instance, it shall be corrected.

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