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(영문) 대전지방법원 서산지원 2018.04.10 2017가단2375
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 21,210,327 to the Defendant (Counterclaim Plaintiff) and against this, from June 20, 2017 to April 10, 2018.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the method of appraisal, i.e., 154,578,294, and the construction cost necessary for the repair of a defect is 154,578,294 (the appraiser submitted the appraisal result that the construction cost necessary for the repair of a defect is 15,000 won. Among the appraisal content, the appraisal part cannot be recognized as reasonable because it is merely sufficient that the appraiser did not investigate the cause of death, and there is no other evidence to find that the appraisal part with the defect of the instant construction, and that the appraisal method and content of the repair part can be recognized, except for the detailed description of the defect repair part, but the appraisal method and content of the appraiser can be recognized. This part of the appraisal result is without merit. The appraisal result shows that the appraisal part is 392,097 won and indirect costs necessary for the repair of a defect and 809,609 won (general costs of labor costs = general costs of labor costs * 6, 10%,15% profits and expenses for direct labor costs * 105%

(i)in calculating, only the remainder, excluding the sum of 481,706 won, shall be adopted;

The Plaintiff asserted that the part of the non-execution and the modified construction was directly executed by the Defendant, or that it cannot be viewed as a defect since it was modified construction under consultation with the Defendant. However, it is insufficient to recognize that there was such a request or consultation only with the items of evidence Nos. 6 and 11, and there is no other evidence to acknowledge it.

C. The Plaintiff’s claim for the construction payment and the Defendant’s claim for damages in lieu of defect repair is a claim with no fixed deadline.

On May 25, 2017, the plaintiff's complaint seeking the payment of construction cost is served on the defendant, and the defendant's answer containing his/her declaration of offset is delivered to the plaintiff on June 19, 2017.

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