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(영문) 전주지방법원 2018.11.29 2018나1547
공사대금
Text

The judgment of the first instance shall be amended as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is comprised of KRW 32,124,173 and this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant on January 22, 2014 with respect to the construction of the instant building C’s ground-based detached housing (hereinafter “instant building”) at Jeju, setting the construction cost as KRW 210,00,000 with respect to the construction of the instant building (hereinafter “instant construction”).

On March 4, 2014, the Defendant obtained a construction permit for the instant building from the Jeju Market.

On August 2014, the Plaintiff completed the construction of the instant building.

On August 19, 2014, the Defendant obtained approval for the use of the instant building from the Jeju Market.

[Based on the recognition] The plaintiff's assertion to the purport of the whole argument by the parties as to the facts without dispute, Gap's evidence Nos. 1 through 15 (including the provisional number; hereinafter the same shall apply), the plaintiff's assertion to the purport of the whole argument, and the payment of Gap's additional construction cost of KRW 6,50,000,00, and ② The additional construction cost of KRW 44,532,743 (=the increased area of KRW 32,683,820,000 (=the increased area of KRW 32,683,820,000) plus KRW 6,109,336, external retaining wall No. 659 (the outer retaining wall No. 2,457,928) 51,032,032,743, which deducts the defect repair cost of KRW 17,068,570 (=51,032,743,768,70).

Defendant’s assertion (i) 2,50,000 won for non-construction (i.e., KRW 710,000 for gas pipes of KRW 750,00 for the safety of stairs of KRW 1,090 for septic tanks) and ② 3,958,570 for damages in lieu of defect repairs (i.e., KRW 2,550,00 for damages of KRW 3,570 for damages (i.e., KRW 2,550,00 for KRW 3,958,570).

In addition, even if the plaintiff's additional construction cost claim against the defendant is recognized, the total of 15,300,000 won (=7,700,000 won) should be deducted.

Judgment

The unpaid construction cost: The construction cost under the instant contract is KRW 210,00,000 under the judgment as to the cause of the claim for KRW 6,50,000,000, as seen earlier, and there is no dispute, and according to the overall purport of the statement and pleading as to the evidence No. 11, the Plaintiff received KRW 203,50,000 from the Defendant.

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