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(영문) 서울고등법원 2019.05.17 2018나2013828
공사대금 등
Text

1. Of the counterclaim claim filed by the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant), the part added by this court.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on Plaintiff A’s main claim

A. The loan claim portion of KRW 8 million (excluding o and excluding subject matter of adjudication) claimed against the Defendant for the payment of KRW 8 million and its delay damages. The first instance court accepted the claim and ordered the Defendant to pay the amount calculated by applying each rate of KRW 8 million per annum from July 6, 2016 to January 18, 2017, and 15% per annum from January 19, 2017 to the day of full payment.

Since the defendant did not appeal against this, the part of the above loan claim in the judgment of the court of first instance is excluded from this Court.

B. The part of the claim for construction cost of KRW 82 million [the amount of recognition: KRW 42 million] Plaintiff A completed the instant construction work, and even if the construction work was not performed, it is not included in the instant construction work. Thus, the Defendant is obligated to pay Plaintiff A the remainder of KRW 82 million after deducting the construction cost of KRW 310 million already paid by the Defendant from KRW 310 million under the instant construction contract, and the amount of KRW 128 million that the Defendant directly paid to Plaintiff B (= KRW 310 million - KRW 128 billion - one billion - one billion), and its delay damages.

B) Since Plaintiff A executes only the remainder of the instant construction works except for the Hoho Lake Construction among the instant construction works, the Defendant is obligated to pay Plaintiff A the remainder of KRW 42 million remaining after deducting the additional amount of KRW 40 million from the construction cost of KRW 82 million for which Plaintiff A sought payment (i.e., KRW 82 million - KRW 40 million) and its delay damages (i.e., KRW 82 million). In full view of the following facts and circumstances acknowledged by the record of the instant case, the instant construction works are included in the Changho Construction.

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