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(영문) 대전지방법원천안지원 2014.02.14 2012가합10808

양수금

Text

1. The Defendants each of the Plaintiff A, KRW 93,350,460, KRW 84,500,000, and KRW 20,300,000 to the Plaintiff C, and each of the above.

Reasons

1. Basic facts

A. On June 2, 201, the Defendants: (a) contracted the construction of Class II neighborhood living facilities (hereinafter “instant building”) on the land of F and four parcels (hereinafter “instant construction”) in Yong-gu, Nam-gu, Chungcheongnam-gu (hereinafter “instant construction project”); and (b) subsequently, agreed to pay KRW 120,00,000 to the records of the instant construction as additional construction cost due to the design change, etc. (hereinafter “instant construction contract”) by including the agreement to pay KRW 120,00,000 as additional construction cost (hereinafter “instant construction contract”).

B. The construction of this case was carried out under the instant construction contract, and as a result, the building of this case was completed on February 10, 2012 and delivered it to the Defendants. On April 20, 2012, he/she applied for approval of use of the building of this case to the Yan City Mayor on May 22, 2012, and obtained approval of use from the Yan City Mayor on May 22, 2012.

In the process, the Defendants paid a part of the above construction cost to the franchising case by March 27, 2012, and the remaining construction cost remains at KRW 424,184,00.

C. From that point of view, the Defendants and the Nord case were carrying out a civil suit in relation to the settlement of the instant construction cost as the Daejeon District Court’s 2012 Gohap5257 (principal lawsuit) and 2012Gahap6366 (Counterclaim). The court rendered a judgment on December 13, 2013, and partly accepted the defense that “the Defendant must offset the damages equivalent to the cost of defect repair in the said payment,” which “the Defendant should offset the damages equivalent to the cost of defect repair in the said payment,” and determined that the damages amounting to 89,16,000 won, 758,205 won, totaling the damages amounting to 44,592,205 won, equivalent to the cost of defect repair, such as the cost of defect repair in the said payment, was offset against the damages amount of KRW 424,184,00,000, equivalent to the damages amount of KRW 427,380,00.

On the other hand, the plaintiff A signed the instant construction contract.