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(영문) 춘천지방법원강릉지원 2014.06.26 2013가단4322

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 29, 2013 to June 26, 2014.

Reasons

1.The following facts of recognition do not conflict between the Parties:

On March 31, 2010, the Plaintiff: (a) on March 31, 2010, with respect to the solar system installation works from the Defendant on each of the above ground buildings (hereinafter “instant building”); (b) the construction cost of KRW 43,424,00,000; and (c) the instant construction contract.

The completion was completed on September 9, 2010.

B. The Defendant paid the Plaintiff KRW 41,424,00 among the construction cost as above.

2. Summary of the parties' arguments;

A. As the cause of the principal claim, the Plaintiff seeks to confirm that there is no obligation to pay KRW 2,00,000 for the remainder of the construction project in this case and for damages in lieu of the repair of defects against the Defendant in relation to the construction contract in this case.

B. The Defendant, as the cause of the counterclaim, incurred a total of KRW 33,155,520 as follows due to the instant construction works, and thus, sought compensation of KRW 30,000,000 among them from the Plaintiff.

(1) Repair costs for a smooth operation of solar heat : 7,595,000 won: 7,164,520 won (2) for a job waterproof construction for a site waterproof system installed with a solar heat rack: 3,496,000 won (4) for a rackter around a solar heat racker: 1,000 won: 50,000 won for a total of 1,000 won for a 1,00,000 type of electric rackers: 50,000 won for a total of 1:0,000 won for a 1,000,000 won for a 1,000 type of electric racker system; 5,000,000 won for a total of 1,000,000 won for a 1,000,000 won for a racker of solar water racker: 3,000,000