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(영문) 울산지방법원 2017.09.20 2016나1960

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. On May 26, 2015, the Plaintiff engaged in the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior decoration construction business (hereinafter “C”) concluded a contract with the Defendant for construction cost of KRW 40,000,00 with regard to the construction cost of KRW 40,000,00, and completed the contract. The fact that the Defendant did not pay KRW 18,200,000 out of the construction cost of the instant case to the Plaintiff does not conflict between the parties, or that the Plaintiff did not pay KRW 18,20,000 among the construction cost of the instant case, and that the Plaintiff’s payment of KRW 18,20,00 among the construction cost of the instant case may be recognized by comprehensively considering

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 18,200,000 and the delay damages therefor.

2. Judgment on the defendant's assertion

A. The defendant's assertion is a defense that the defendant offsets the plaintiff's damage claim in lieu of the defect repair of the construction work of this case against the plaintiff against the claim for the construction work price against the defendant on an equal basis.

B. 1) In full view of each of the images of the evidence Nos. 1 through 9 (including a serial number; hereinafter the same shall apply) of the damage compensation in lieu of defect repair, the result of the appraisal of defects by the original court and the overall purport of the pleadings, the following defects were generated in the part of the instant construction, and the cost necessary for the repair thereof is recognized as 9,319,200.

Serial Defect Repair Costs of 5,07,60 won in each room and main room room room damage 794,200 won in the volume of 18,700 won in the construction of the room room at 367,400 won in the number of 18,500 won in the construction of the room at 367,400 won in the 6-beer entrance and the 67,100 won in the construction of the room at 77,100 after 7,000 in the 7-beer-day construction, the 87,000 won in the 87,800 won in the beca-do, and the 385,800 won in the construction of the room at 380,000 won in the 10-round 1,26,100 won in the 10-round 26,100 won in the 10-day 16,2600 square meters in the 10-day in the 30-day.