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(영문) 수원지방법원 2017.11.24 2015가합3047

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 31,910,156 to the Defendant (Counterclaim Plaintiff) and its amount from May 19, 2014 to August 11, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff and the Defendant on June 10, 2009, a warehouse on the ground (hereinafter “the warehouse of this case”) of the Plaintiff Company on the 000-9 and one parcel of land (hereinafter “the warehouse of this case”).

(2) Around April 27, 2010, the Defendant received delivery of the warehouse of this case, which had undergone a completion inspection.

B. On September 1, 2010, the Plaintiff and the Defendant entered into a contract for the construction of the instant neighborhood living facilities (hereinafter “instant neighborhood living facilities”) on the ground and on the land outside 577-4 and one parcel of land, which are the 0.0 g., in the case of the Plaintiff’s permission.

(2) On September 5, 2013, the Defendant entered into a contract for new construction of KRW 3300,000 for the instant neighborhood living facilities with the approval of the use thereof from the head of the Gu, which is the wife of the Republic of Korea.

3) The Defendant paid all the remainder of the construction cost, including the additional construction cost, to the Plaintiff. C. The Plaintiff’s repair work agreement 1) on August 6, 2012, from August 13, 2012 to August 13, 2012, the defective repair work of the warehouse of this case and the instant neighborhood living facilities construction work.

8. By 30. The work completion letter was prepared to be completed.

2) On October 28, 2013, the Plaintiff drafted a letter of performance of repair works to the Defendant that he/she will complete the repair works, such as conducting a lebane shotout construction on the floor of the first floor bed against the instant warehouse by November 15, 2013. [Grounds for recognition] The Plaintiff did not dispute any dispute, and the evidence A1 through 9 (which include a serial number; hereinafter the same shall apply).

(1) each entry or video of the evidence of Nos. 1 to 7, 9 to 11, and the purport of the whole pleading

2. Judgment on the counterclaim

A. In full view of the appraiser A’s appraisal results, the fact-finding results on the above appraiser, and the purport of the entire pleadings, the error in the column of “defect item” in the warehouse of this case is partially defective.