beta
(영문) 부산지방법원 2015.05.07 2014가단8857

공사대금

Text

1. On September 20, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 9,021,00 to the Defendant (Counterclaim Plaintiff) and KRW 8,690,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 5, 2011, the Plaintiff entered into a contract with the Defendant with the terms that the construction work for the construction of the new construction work for the Geum-gu Busan District Land C (Collective Housing; hereinafter “instant building”) was KRW 650,00,000, and the construction period from November 17, 201 to April 30, 201, under which the Plaintiff would receive a contract with the Defendant.

B. On April 2012, the Plaintiff completed the instant construction and delivered the instant building to the Defendant. The Defendant completed the registration of ownership preservation in the name of the Defendant on April 18, 2012 after obtaining approval for the use of the instant building on April 18, 2012.

C. The Defendant paid the Plaintiff KRW 620,000,000 among the construction cost.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the claim of the principal lawsuit, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 30,000,000 which is not paid (i.e., construction cost of KRW 650,000,000 - KRW 620,000), and damages for delay thereof, unless there are special circumstances.

3. Determination as to the defendant's counterclaim and counterclaim

A. The defendant's assertion that the plaintiff's execution of the construction of this case does not execute the construction of this case according to the design drawing or has a defect in the construction part that was executed differently from the design drawing, and thus, the amount of damages therefrom is equal to 40,942,00 won. Thus, the defendant's assertion that the plaintiff's claim for the payment of the construction price and the claim for compensation for damages against the defendant should be offset on an equal amount, and the plaintiff's counterclaim

B. (A) Determination (A) there is a defect in each of the entries in the attachment Nos. 1-1, 1-2, 1-4, 1-6, 1-8, 2-1, 2-6 through 13, 2-17 through 19 of the building of this case, and there is no dispute between the parties as to the repair cost of KRW 10,142,000.

And Eul evidence 9-1, 2, 4 through 6, and 8; witness D's partial testimony; appraiser E's appraisal and additional appraisal results;