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(영문) 창원지방법원 2019.11.21 2019나53737

공사대금 등

Text

1. Of the part regarding the counterclaim in the judgment of the court of first instance, KRW 10,345,000 against the Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

Facts of recognition

On February 13, 2017, the Plaintiff entered into a contract for a construction project with the Defendant with the purport that the Plaintiff’s construction cost of KRW 115,00,000,000 for ground E-Ground Housing Construction Work, the date of commencement, February 15, 2017, and March 30, 2017, respectively.

(hereinafter “the instant construction contract”). On March 27, 2017, the Defendant submitted a design drawing upon reporting a construction change to the Korea Development Agency around 27, 2017.

(2) The Plaintiff’s construction of the instant design drawings (hereinafter “instant design drawings”). The Plaintiff’s construction of the instant housing (hereinafter “instant housing”) had the parts constructed differently from the instant design drawings, such as the existence of four rooms in the village. However, the Defendant submitted a completed building drawings to obtain approval for use on May 29, 2017, and requested the Plaintiff to repair the defects on July 14, 2017.

The Defendant paid 85,000,000 won to the Plaintiff out of the construction cost.

【The Plaintiff’s assertion as to the purport of the entire pleadings and the Plaintiff’s assertion as to the following facts: (a) the Defendant is obligated to pay the remainder of construction cost of KRW 30,00,000 as the construction cost of KRW 115,000 has been paid out of KRW 115,00,000 under the construction contract of this case; (b) the Defendant is obligated to pay KRW 7,143,770 for additional construction cost incurred after requesting additional construction, such as re-revision of the first floor partitions and re-rown door reconstruction; (c) the Defendant and the Defendant’s children have the obligation to pay KRW 7,143,70 for additional construction cost of KRW 7,143,70 arising out of their demand for reconstruction, etc.; and (d) the total accommodation and meal cost of the Plaintiff’s children residing in the Plaintiff’s house for 40 days from February 15, 2017 to April 3, 2017 】 (i) the Plaintiff’s meal cost of KRW 100000.0.

The defendant's assertion cannot recognize the additional construction cost and accommodation cost of the plaintiff's assertion, and the defendant did not execute part of the construction work of this case or defects occurred in the part executed by the defendant.