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(영문) 서울서부지방법원 2018.01.12 2016가단208863

공사대금

Text

1. The Defendant: KRW 48,64,663 to the Plaintiff, as well as KRW 5% per annum from April 2, 2016 to January 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in wholesale and retail business with the trade name of “C,” and the Defendant is a person who engages in interior and fishery with the trade name of “D.”

B. On March 2012, the Plaintiff (hereinafter “instant construction”) entered the Defendant with the charge of construction of a new apartment and multi-household house (hereinafter “instant building”) with the size of the 1st underground floor and the 5th underground floor located in Mapo-gu Seoul, Seoul, and the 5th underground floor. The details thereof are as follows.

Construction cost: The period of construction cost of KRW 60 million (excluding value-added tax): From April 8, 2012 to October 8, 2012: 20% from the commencement of construction work; 30% from the completion of the aggregate; 30% from the commencement of construction work; 30% from the completion of construction work; and 30% from the completion of construction: One year after completion of construction.

C. The Defendant completed the instant construction and obtained approval for the use of the instant building on September 28, 2012.

The Plaintiff paid the Defendant the construction cost of KRW 60 million on March 20, 2012, KRW 100 million on April 9, 2012, KRW 100 million on May 28, 2012, KRW 140 million on June 30, 2012, KRW 10 million on July 19, 2012, KRW 10 million on August 10, 2012, KRW 60 million on September 5, 2012, KRW 70 million on September 26, 2012, and KRW 70 million on the aggregate.

E. Around October 2012, the Plaintiff and its family members moved into the third and fourth floor of the instant building; however, due to the occurrence of leakage and association in the instant building, they requested the Defendant to pay from December 2, 2012, and the Defendant had engaged in repair works several times as follows.

1) On February 2, 2013, in order to prevent external rainwater intrusion, F had F carry out a brick work on the outer wall, and had him/her carry out a sprink and carry out a sprinking work on the sprink water surface. 2) On February 25, 2013 and October 8, 2013, G installed a sprinking on the part suspected of water leakage in the two sprinked joints constructed by the sprink, and had him/her carry out a sprinking work.

3) Around April 2013, H had H installed two windows in the instant building on June 2013, around the entire rooftop section and the Epoxy. 4) around June 2013.

5. From January 18, 2014