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The judgment of the first instance shall be revoked.
The plaintiff (Counterclaim defendant)'s main claim is dismissed.
filed by this Court.
Reasons
1. Facts of recognition;
A. On December 15, 2016, the Defendant contracted the Plaintiff with the construction cost of KRW 211,700,000 for the construction cost of the Han-ok Construction Work (hereinafter “the instant hanok”) on the ground-based land at the time of official housing.
B. The Plaintiff completed construction around October 2017, and the Defendant obtained approval for the use of the instant hanok on December 29, 2017.
(c)
As of the closing date of the argument in this case, the unpaid amount out of the construction cost of the hanok is KRW 6.7 million.
[Grounds for recognition] Gap evidence No. 1 and the purport of the whole argument
2. The parties’ assertion that the Plaintiff claimed for the payment of the remainder of the construction of the hanok in this case. The Defendant asserts that the cost of KRW 108,570,00 is necessary for the repair of defects in the construction of the hanok in the construction of the hanok in this case, and that the Plaintiff should instead compensate the Defendant for damages of KRW 101,870,000,000 which remains after the remainder of the construction payment.
3. We also examine the principal lawsuit and the counterclaim.
A. As seen earlier, the remaining construction amount of the hanok is KRW 6.7 million.
B. Whether to recognize defects and the cost of repairing defects (based on recognition of defects) (the appraisal of appraiser D and the purport of the whole theory of changes) whether to recognize defects and the content of defects (see e.g., subparagraph 2) whether to recognize defects and the content of defects, and the order of construction work related to timber and timber inside and outside finishing of a multi-use room for mashing, which is not treated between wood and walls (see e.g., e., subparagraph 2) and need to be external finishing construction to recognize defects (the problem of sucks is included in roof re-construction works due to mash reduction), 6 non-performances, shock, and timber to recognize defects for non-execution of a wood surface painting work for preventing transformation shall be removed and discharged, and outside timber shall not be included in the construction work for some scale and painting, 5, and 6 non-dried timber structural materials, and construction work for building and construction work for building and construction of non-proof and waterproof defects.