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(영문) 춘천지방법원강릉지원 2019.06.11 2017가단34000

공사대금반환

Text

1. The Defendant’s KRW 18,640,00 for the Plaintiff and its related KRW 6% per annum from August 31, 2017 to June 11, 2019, and June 12, 2019.

Reasons

1. Facts of recognition;

A. On October 5, 2013, the Plaintiff contracted the construction work for constructing hanok housing to the Defendant (hereinafter “instant construction work”) at KRW 180 million.

At the first time, the construction of the hanok house was intended to be built on the ground of the East Sea, but it was difficult to proceed with the construction due to the dispute with the neighboring residents, and it was changed to the construction on the ground of the Dong Sea.

B. On August 2014, the Plaintiff and the Defendant agreed to additionally pay KRW 15 million after deducting the base cost from the additional construction cost due to the change of the site and the additional construction cost due to the increase of the building area, instead of raising the base cost.

C. Around August 2014, the Plaintiff installed a Chinese-style earth and apparatus around the end of the end of the year, and immediately following the occurrence of a situation where the Defendant completed construction work on September 2014, 2014, and the Defendant took measures to prevent further progress by using an apparatus.

Then, the Plaintiff asserts that the foundation construction and the structural frame construction are wrong, and the Defendant asserted that the construction of the instant construction is too large to the Handong-gu established by the Plaintiff. The Defendant suspended the construction of the instant construction around September 2014 and completed it on the spot.

The Plaintiff asserted that the Defendant performed the instant construction works in bad faith and filed a lawsuit claiming damages (hereinafter referred to as “prior lawsuit”) with the Gangseo-gu District Court Branch 2014Kadan204020, and the appraiser selected by the said court reported that there exists any defect as to the instant construction works, such as the attached table of appraisal, and that the repair work needs to be conducted.

E. The Plaintiff and the Defendant, on July 15, 2015, based on the results of the aforementioned appraisal at the conciliation date of the previous lawsuit, shall perform the basic repair and reinforcement works for the defects listed in the attached Table 1, and instead of removing the Han-type soil, the Defendant shall perform the repair works for each of the defects listed in the attached Table 2 through 9.