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(영문) 춘천지방법원강릉지원 2015.08.12 2015가단21284

약정금

Text

1. As to the Plaintiff KRW 129,387,00 and KRW 117,507,00 among them, the Defendant shall start January 15, 2015, and KRW 11,80.

Reasons

1. Facts of recognition;

A. On February 201, the Plaintiff and the Defendant entered into a joint contract operation agreement (hereinafter “instant agreement”) that stipulated the method of construction, the responsibility for construction performance, and the liability for repairing defects when jointly receiving a construction project for A Apartment (hereinafter “instant construction project”).

B. According to the instant agreement, “All warranty against the Plaintiff’s share before and after the completion of construction is against the Defendant.”

(제8조 참조). 지급일자 금액 공종 내용 비고 2013. 9. 4. 3,864,000원 보상비 배관누수로 인한 보상 B 외 2명 2014. 8. 22. 22,500,000원 노무비 노무비 C 외 9명 〃 8,123,000원 자재비 자재대금 D회사 〃 4,400,000원 〃 〃 (합)우주상사 〃 38,500,000원 외주비 샷시 및 수장공사 외주 E회사 〃 970,000원 관리비 현장관리비 F 2014. 8. 25. 33,000,000원 외주비 실내 내장공사 외주 G회사 2014. 10. 15. 6,150,000원 노무비 노무비 C 외 2명 2015. 1. 5. 4,950,000원 노무비 노무비 H 외 2명 2015. 2. 10. 6,930,000원 〃 〃 H 외 3명 합계 129,387,000원

C. After completion of the instant construction project, the Plaintiff received requests for repair of defects related to the instant construction project from the Gangwon-do Si Development Corporation and the Construction Mutual Aid Association, etc., which are the ordering person of the instant construction project, on several occasions, the Plaintiff completed the defect repair in the position of the joint contractor of the instant construction as indicated below.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is responsible for repairing the defects that occurred after the completion of the construction of this case in accordance with the agreement of this case, and the plaintiff paid 129,387,000 won in total to the defendant on behalf of the defendant, since the plaintiff performed the defect repair and spent 129,387,000 won as a result, it shall be deemed that he

(b) against this;