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(영문) 서울고등법원 2015.07.10 2014나55187

하자보수공사비 등

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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

Reasons

1. All public charges for additional construction works, other than the content of the basic fact drawings, shall be borne by the Plaintiffs.

For example, electricity, water, urban gas, construction design, and authorization cost increased shall be calculated on a regular basis. To example), pent towers, beeras, underground.

A. On October 5, 2011, the Defendant borrowed the construction work of constructing neighborhood living facilities (hereinafter “instant building”) on the ground of Seongdong-gu Seoul Metropolitan Government D land (hereinafter “instant construction”) from the Plaintiffs (hereinafter “instant construction work”). The construction cost was set at KRW 3.8 million per square year (excluding value-added tax) and agreed to the following terms and conditions as a special agreement:

(hereinafter “instant construction contract”). B.

After that, on June 28, 2012, the plaintiffs purchased additional land E, which is adjacent to the above land, and the plaintiffs and the defendant decided to newly construct the building of this case on the ground of Seongdong-gu Seoul Metropolitan Government D and E (360 square meters on the ground, the ground level, the 6th floor, the total floor area of 1190.99 square meters (360 square meters)) and the construction price of this case is KRW 1.368 million (=38 million per square year x 3.60 million x 360 square meters).

C. Around August 2012, the Defendant commenced the instant construction project and suspended the construction on or around January 2013, and the Plaintiffs paid the Defendant the total amount of KRW 500 million, including KRW 200 million on September 3, 2012 and KRW 300 million on October 10, 2012.

Then, on January 18, 2013, the Plaintiffs entered into a construction contract with the Defendant’s introduction with respect to the implementation of the remainder of the construction work during the instant construction work (the amount obtained by deducting KRW 500 million from the construction cost of KRW 1.368 billion and the Defendant’s receipt of the construction cost of the instant construction contract).

E. However, the plaintiffs, the defendant, and the defendant due to the issue of issuing the warranty insurance policy for the defect repair performance of the existing aggregate construction.