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(영문) 광주지방법원 2016.11.30 2015가단28857

공사대금

Text

1. The Defendant’s KRW 58,837,00 for the Plaintiff and 5% per annum from June 9, 2015 to November 30, 2016.

Reasons

1. On December 1, 2014, the Plaintiff entered into a contract with the Defendant for the repair and maintenance of the meat processing equipment as the contract price of KRW 120,000,000 (value 109,090,909,09, value 10,091) (the supply price of KRW 109,09,09, value 10,091), and entered into a contract with the Defendant for the change of the contract price of KRW 132,00,000 on February 7, 2015 to KRW 2,375,000, and completed the construction on March 30, 2015. The total construction cost is KRW 134,375,000,00.

The Plaintiff received payment of KRW 40,000,000, around March 22, 2015, among the construction cost.

[Reasons for Recognition] A-1-8 Evidence, and the purport of the entire pleadings is that the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 94,375,00, and delay damages claimed by the plaintiff.

2. Set-off against damage claims in lieu of defect repairs;

A. Damage compensation in lieu of defect repair ① There is a defect in the water processing equipment in which the water level and the distance between the inspection room and the lower part of the air condition are small so that the water level of the air conditioners are so small that the water level of the air conditioners and the inspection room can be cut down on the external floor because of the minimum packaging standards set forth in the listing standards for the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials of the raw materials, which caused the removal of parts of the raw materials within the heat water tank by stopping the operation of the Plaintiff's repair work.

[Grounds for recognition] The appraiser A's defect appraisal result, the purport of the entire argument, and the defect of the air conditioners.