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(영문) 부산지방법원 2016.11.02 2016가단25696
공사대금
Text

1. The Defendant shall pay KRW 20,661,80 to the Plaintiff the annual rate of KRW 15% from April 1, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 7 (including branch numbers) and arguments as to the cause of the claim, the plaintiff entered into a contract with the defendant on November 30, 2015 that he/she will receive a contract with the defendant for the construction cost of 80,00,000 won (additional tax rate) and 34 days for construction period (hereinafter "the contract of this case"), including additional construction work equivalent to 3,961,80 won and 34 days for 3,961,80 won, and the above construction work was completed on January 3, 2016. The defendant agreed to verify additional construction cost estimates submitted by the plaintiff on January 15, 2016 and pay the unpaid construction cost of 63,000 won among the construction cost under the contract of this case, 300,000 won, 300,0000 won, 630,000 won, 6300,000 won, 6000 won.

2. The defendant's defense is asserted that since the defect occurred in the strashing machine, tent, stalke, green line, linen line, stalke, stalkeer, etc. in relation to the construction of this case, the damage claim 10,000,000 won in lieu of the defect repair can be offset against the above claim for construction cost. However, there is no evidence to acknowledge the fact that the above defect occurred, the above assertion is without merit without need to be examined.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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