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(영문) 광주지방법원장흥지원 2015.05.27 2013가단3072
공사대금
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 July 15, 2010, the Plaintiff entered into a contract with the Defendant for new construction of hanok as to the buildings listed in the separate sheet (hereinafter “instant building”). The details thereof are as follows.

Article 2 [Amount of Construction Work] Article 6 / [materials] All the equipment required for the construction work shall be used for new products and KS products in accordance with the specifications attached thereto.

Article 7 【Modification of Death】

1. Even during the execution of this project, if the Defendant considers it necessary, part of the specifications may be modified, and if it is necessary to extend the construction and to increase or decrease the construction cost, it shall be conducted under the agreement of the original Defendant.

2. Any change in the development caused by the plaintiff side during the construction shall be implemented after obtaining prior written approval from the defendant or the committee for promotion of happy villages.

Article 11 [Attachment to Defects] The plaintiff shall immediately repair all defects that occur within three years after the completion of the work.

Article 15 [Interpretation] When there is an objection to the interpretation of all documents, such as a contract and the specifications, drawings, agreements, and notes attached thereto, the defendant's interpretation shall govern.

B. On June 21, 2012, the Defendant obtained approval for the use of the instant building from the competent authority and completed the registration for the preservation of the Defendant’s name on July 4, 2012.

C. Meanwhile, only KRW 91,500,000 among the construction cost was paid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2, fact-finding results of fact-finding with the Gangwon-do head of this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 26,900,000 (=18,400,000 - KRW 91,500,000), which the Plaintiff seeks, and the delay damages therefrom.

B. The defendant's assertion of deduction 1) The defendant's expenses for repairing defects due to defective construction are 13,76.

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