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(영문) 의정부지방법원 2020.05.28 2019나206729
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court concerning the cause of the claim is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

hereinafter referred to as "C factory" for four above ground buildings D in Namyang-si, Namyang-si, the ownership of which is C, and the grounds of the first instance judgment

A. (4) The settlement statement (Evidence A No. 3) stating the settlement amount set forth in paragraph (4) is called “the settlement statement of this case”

[2] As to the Defendant’s assertion, this part of the reasoning of the judgment is to be stated in the reasoning of the judgment of the first instance as to the Defendant’s assertion of non-construction equivalent to KRW 15,289,448 among the Defendant’s assertion in Section 2(d) of Article 2-4 of the Reasons for the judgment of the first instance, and the Defendant’s remainder of the assertion is to be stated in Paragraph 2 of the Reasons for the judgment of the first instance, except for the addition or supplement as set forth in the following Paragraph 4 as to the Defendant’s remainder of the assertion, and therefore, (i) “I Dong and Jdong” in Section 11 of the judgment of the first instance is to be “K Dong and Dong Dong”, and (ii) “K and Dong” in Section 12 of the same part is to be amended to “I Dong and Jdong”,

In accordance with the main sentence of Article 420 of the Civil Procedure Act, it shall be quoted as it is.

3. Determination as to the assertion of non-construction of floor-to-date material

A. The Defendant’s assertion that the Plaintiff omitted the construction of floor concrete as a result of the removal of heat from the floor concrete in relation to the subcontracting of C factories, and thus, the repair cost of KRW 15,289,448 should be deducted from the settlement amount under the instant settlement statement.

B. Comprehensively taking account of the appraisal result and the purport of the entire argument of the judgment appraiserO, the Plaintiff agreed to construct the C factory by referring to the design plan of the N-based building in Namyang-si, Namyang-si, but omitted the “T-100 short heat construction” according to the above design plan while constructing the C factory floor. The defect repair cost due to the omission of the above short heat construction can be acknowledged as constituting 15,289,448, and the above defect is deemed difficult to discover easily. Thus, the instant settlement statement is prepared.

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