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(영문) 부산지방법원 2018.08.09 2017나9852
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit is revoked, and that part constitutes the revoked part.

Reasons

1. The first instance court, within the scope of the judgment of this court, partly accepted the plaintiff's claim of the principal lawsuit and dismissed the defendant's counterclaim. Since only the defendant appealed against the defendant among the part concerning the principal lawsuit of the first instance court, the scope of judgment of this court is limited to the part against the defendant among the claims of this

2. Basic facts

A. On February 25, 2016, the Defendant entered into a contract for the construction of yellow Housing (hereinafter “instant construction contract”) with the Plaintiff, which is engaged in interior materials business, etc. with the name of “C”, and the main contents thereof are as follows.

Standard Construction Contract

3. Period of construction: February 25, 2016 before the date of arrival.

4. Total construction amount: Samcheon million won (Won 33,000,000); and

5. Method of payment of construction price;

(a)The down payment shall be made on February 25,000 (Won 5,000,000);

(b)The intermediate payment of KRW 23,000,000 (Won 23,00,000) is paid in accordance with the progress of the work;

(c) Any balance shall be paid 5 million won (Won 5,000,000) after the completion of construction;

1,000,000 D.C.

B. On February 22, 2016, the Defendant paid to the Plaintiff KRW 25,00,000,000 as construction cost, including KRW 10,000,000 on April 5, 2016, and KRW 5,000,000 on April 20, 2016, and KRW 25,000,000 on May 2, 2016.

C. Under the instant construction contract, the Plaintiff completed the construction work of the Yellow Land Housing (hereinafter “instant Yellow Land”) on May 2016, and demanded the Defendant to pay the remainder. However, the Defendant did not complete the construction work, and refused to pay the remainder, due to a large number of defects in the construction work, and there were many defects in the construction work.

Accordingly, in the presence of the designer D and supervisor E, etc. of the instant construction on August 29, 2016, the Plaintiff and the Defendant must remove the altered floor of the floor of the floor of the instant construction.

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