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(영문) 부산지방법원동부지원 2016.11.17 2014가합100534
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 8, 2013, the Plaintiff agreed to pay to the Defendant the remainder KRW 219,000,000,000,000 for the construction work (hereinafter “instant construction work”) to the Defendant at the time of completion of the construction work, by setting the price as KRW 438,00,000 for the instant construction work, around July 2013, and at the rate of interest rate of delay for the completion of the construction work, and at the time of completion of the construction work, KRW 219,00,00 for the construction work amount as KRW 219,00 for the remainder of the construction work amount.

B. Around July 30, 2013, the Defendant completed the instant construction and delivered the instant franchise to the Plaintiff.

C. The Plaintiff paid the Defendant KRW 10,00,000 as the instant construction cost on May 8, 2013, and KRW 180,00,00 on May 23, 2013, and KRW 180,000,00 on June 19, 2013, and KRW 30,000,00 on July 29, 2013, and KRW 30,000 on August 19, 2013, and KRW 35,00,000 on August 26, 2013, and KRW 20,000 on September 20, 2013; and KRW 16,00,00 on September 20, 200, 2003; and

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 9, 18, Eul evidence No. 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. As to the cause of claim

A. Since defects, such as non-construction and erroneous construction, exist in the instant construction project as indicated in the Plaintiff’s assertion in the attached sheet, and the total cost of KRW 66,426,97 (including value-added tax) is required to repair such defects, the Plaintiff has the right to claim damages against the Defendant in lieu of defect repairs in KRW 66,426,977.

The Plaintiff and the Defendant agreed to reduce the construction cost of KRW 27,60,000 from the construction cost of this case instead of excluding the construction cost of KRW 10,000 from the construction cost of this case, and the construction cost of KRW 27,60,000,00 in total, instead of excluding the construction cost of this case from the construction cost of this case.

Therefore, the Defendant’s compensation in lieu of defect repair to the Plaintiff from KRW 66,426,97 to the remainder of the instant construction work.

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