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(영문) 대전지방법원천안지원 2017.09.13 2017가단4955

하자보수보증금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a construction contract and performed performance 1) with the trade name “D.” The Plaintiff is performing construction business, such as interior works. Defendant B is the husband and wife of the land of Dong-gu, Dong-gu, Dong-gu, and the Defendant C as the owner of the F land. 2) On June 15, 2013, the Plaintiff entered into a contract with the Plaintiff to newly construct the land of Dong-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul with the construction cost of KRW 650,00,000.

On June 15, 2013, the Plaintiff concluded a contract with Defendant C to newly construct a housing unit on the land of 550,000,000,000 won for the construction cost, in Yong-gu, Yong-gu, Seoul.

(2) On June 30, 2013, the Plaintiff concluded a new contract with the Defendants on June 30, 2013 under the same terms and conditions as the construction work of each of the instant buildings, and increased the construction cost to KRW 600,000,000 with Defendant C.

3) On March 12, 2014, each of the instant buildings obtained approval for use on and around March 12, 2014, the Plaintiff filed a lawsuit against the Defendants, around June 2014, against the Daejeon District Court Decision 2014Gahap101807, seeking payment of the agreed construction cost and additional construction cost.

(hereinafter “previous case”). In the instant case, the Defendants asserted that the Defendants agreed to construct the Plaintiff’s additional construction cost without additional construction cost by stating that “All the Corporation did not have any additional construction cost” in the terms of the instant construction contract.

2. The above court determined the amount of KRW 1,409,513,093 plus KRW 159,513,093 of the agreed construction cost to be paid by the Defendants to the Plaintiff as KRW 1,250,00,000 for the agreed construction cost, and deducted KRW 239,432,360 of the agreed construction cost plus KRW 159,513,093 of the agreed construction cost, and deducted KRW 627,669,80 of the agreed construction cost and KRW 239,432,360 of the direct payment, etc., and offset each of the claims against the Defendants’ defect repair cost against the Plaintiff, KRW 103,728,042 of the agreed construction cost, KRW 18,750,00