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(영문) 전주지방법원 정읍지원 2018.01.09 2015가단418

시설보수공사대금

Text

1. The Defendant’s KRW 10,294,965 as well as the Plaintiff’s annual rate from February 3, 2015 to January 9, 2018, and the following.

Reasons

1. On April 9, 2014, the Plaintiff contracted the construction of the instant building to the Defendant with the construction period “from April 10, 2014 to July 20, 2014” and “349,000,000,000,” and the construction cost “362,270,000,000,” under the instant construction contract. The Defendant completed the construction of the instant building in accordance with the instant construction contract.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that there exist defects in the construction of different construction and non-constructions equivalent to KRW 32,250,000 in the building of this case. The Defendant is liable to pay the Plaintiff KRW 32,250,000 as damages in lieu of defect repair and damages for delay.

B. Determination 1) In the Plaintiff’s assertion, the part cited in the Plaintiff’s assertion (1) as follows: (a) the result of the appraisal of appraiser D and the result of the request for complementary appraisal of the instant case’s appraisal of appraiser D; and (b) according to the result of the appraiser D’s appraisal of the preservation case’s evidence preservation case’s 2015Kaga13, Jungju District Court’s 2015Kagi, it is recognized that there exist defects such as

The cost difference (the difference between construction estimates and current construction costs) due to the change of construction works of 1,234,270 2,270 2,695 3,292,292,00 2,250 10,294,965 (2) for the repair works of 2,000 2,294,965 2) for the repair works of 2,00 2,00 2,00 2,000 2,000 2,00,000 1,294,965 (2) for the defendant's assertion as follows.

(A) Since construction works for the repairs of the ward in the second floor were executed on the part of the plaintiff's request, the statement in No. 3-1 and No. 2-2 of the allegation that the defendant cannot be held liable for the defects that occurred in this part, and the result of the appraisal of appraiser D and the purport of the whole pleadings by this court.