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(영문) 광주지방법원 2020.02.12 2019가단516376

공사대금

Text

1. The Defendant’s KRW 4,176,176 as well as 5% per annum from February 3, 2019 to February 12, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 8, 2019, the Plaintiff entered into an agreement with the Defendant to pay the construction cost of KRW 86 million (excluding value-added tax) in the case of an additional construction work, and completed the construction work on February 1, 2019.

B. The Plaintiff was paid KRW 2030,000,000 as the construction cost, and paid KRW 78,000 as the construction cost by the Defendant.

C. However, the instant construction works do not fit the floor level of the main floor, and there are defects such as the highest phenomenon, and its remuneration requires a total of KRW 14,656,824 (including sunbing and cleaning expenses, including KRW 1,693,141).

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1-1 and 2, appraiser E's appraisal result, purport of whole pleading

2. The party's assertion and judgment

A. The plaintiff asserts that the plaintiff has a duty to pay 5,869,317 won remaining after deducting 12,963,683 won (14,656,824 won - 1,693,141 won) from the construction cost unpaid construction cost of 18,83,00 won (2,00,000 won) - 12,963,683,683 won (14,656,824 won - 1,693,141 won) due to the defects in the construction of the main wall of this case. Accordingly, the defendant claimed that the flock of the main wall of this case was caused by the defendant's negligence, which had been installed in the floor of the floor. Since the defendant caused a long-term security problem or mental suffering due to the defects in the construction of this case, the defendant is obligated to pay 3 million won to the plaintiff, and the defendant is ultimately obligated to pay 17,175 million won to the plaintiff.

B. According to the above macroscopic evidence, the main wall scopic scopic was already constructed prior to the Plaintiff’s floor construction, and the Plaintiff’s construction process causes damage to the lower part of another day.