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(영문) 부산지방법원 2017.09.29 2016나52330

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On October 2013, the Defendant entered into a contract with the Plaintiff by setting the construction cost of KRW 50,000,000 for the interior remodeling work of the D Apartment No. 102, 1808, Busan (hereinafter “instant construction work”).

(hereinafter “instant construction contract”). (b)

Around October 30, 2013, the Defendant completed the instant construction work.

C. The Defendant is a person who received full payment from the Plaintiff for construction work under the instant construction contract.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff asserted that the construction of this case occurred ① the height difference between the floor of the ward and the room, ② the new lid of the toilet lid, ③ the new lid of the toilet lid, ④ the defect of the glass of the ward, ⑤ the defect of the main entrance lid, ⑤ the defect of the defect of the main entrance lid, ② the defect of the defect of the main entrance lid, ② the defect of the defect of the defect of the removal of the wall of the toilet, 751,00 won and the delay in the payment of the repair cost. ② the defect of the expansion, the defect of the expansion, the defect of the window string, the defect of the window string, the defect of the repair and the defect of the door string, ② the defect of the repair and the defect of the door string, ③ the defect of the construction of the timber string and the defect of the construction of the door string string, ④ the defect of the construction at the time of construction, and the defect in the construction.

B. According to the results of the fact-finding and the whole pleadings on the defects and repair costs of the instant construction project, according to the health team, Gap evidence Nos. 1 and 6 and the appraisal of Gap evidence Nos. 1 and 6, appraiser E and F, the fact-finding results and the whole purport of the arguments against each of the above appraisers of this court, the instant construction project can be acknowledged that there are defects as listed below, and that the amount of KRW 4,950,000 is necessary to repair them. Thus, the defendant is substituted for the plaintiff.