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(영문) 부산지방법원 2018.08.23 2015가단244834
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) B: (a) KRW 109,016,054 against the Plaintiff (Counterclaim Defendant) and its related amount from October 10, 2015 to July 11, 2017.

Reasons

1. Basic facts

(1) The Plaintiff is a person who runs a construction business with the trade name called “E” in Ulsan-gu, Ulsan-gu, and the Defendants are one-half co-owners of F&533 square meters in Yangsan-si, both husband and wife, one-half of the underground floors above the ground, the second floor above the ground, and the second floor above the instant building (hereinafter “instant building”).

d. The instant building was operated by G, the former owner of G, with the trade name “H”, and the Defendants intended to remodel the bath after purchasing the said building.

【Defendant B signed the instant construction contract with the Plaintiff on June 26, 2015, setting the construction cost of 300,000,000 (excluding value-added tax) and the construction period from July 1, 2016 to September 2016 (hereinafter “instant construction contract”).

x. The Plaintiff completed the instant construction on October 4, 2015, and Defendant B operates a bath (hereinafter “instant bath”) with the trade name “I” in the instant building from October 4, 2015 to October 4, 2015.

(v) Defendant B paid to the Plaintiff KRW 356,00,000 in total as the instant construction cost and additional construction cost from July 16, 2015 to September 26, 2015.

⑹. 한편 원고가 한 이 사건 공사에는 아래 표 기재와 같은 미시공 및 오시공의 하자가 있어 이를 보수하기 위하여 합계 26,642,225원을 지출할 필요가 있다.

Items (cost of Construction) 53,203,2032, the completion of underground tent installation 5,877,950, and the completion of the 11st floor-to-story installation, 53,0352,0352 joints due to the defective installation of the wall of the 11st floor-to-date joints 1,035 2,683,8123, 30,6434 needs to be replaced due to the replacement of the electric exhausters for boiler for boiler 5,789,926 2,78,958,9166 6 190,279, or installation of safety devices or heat generation devices in the joints 30,643,643 need to replace the electric exhausters for boiler for boiler 4,559,185,259,9859.259

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