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(영문) 광주지방법원 2016.08.17 2015가단519506
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,994,115 to the Defendant (Counterclaim Plaintiff) and its related amount from July 16, 2015 to August 17, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On June 2014, the Plaintiff entered into a contract with the Defendant for the construction of a new house on the ground C in Yong-gun, Jeonnam-gun (hereinafter “instant construction”). On November 17, 2014, the registration for the preservation of a single house was made on the part of a single house.

Under the contract, the construction cost shall be KRW 79,000,000, but the defendant directly executes the construction cost of KRW 3,000,000,000 and the 1,000,000,000, which is paid by the plaintiff, and if the construction exceeds the above amount, the plaintiff shall bear KRW 1,00,000.

The Plaintiff was paid KRW 60,000,000 as the construction price by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 3, and the purport of the entire pleadings is that the defendant is obligated to pay the plaintiff the balance of the construction cost of KRW 15,000,000 (the construction cost of KRW 79,000,000 for the contract - the amount of KRW 4,00,000 for the direct construction of the defendant - the amount of KRW 60,000 for the payment).

Although the defendant asserts that the amount of KRW 1,000,000, which the plaintiff additionally assessed, should be deducted, the defendant's assertion is not accepted since there is no evidence to prove that more than KRW 1,000,000,000, which exceeds the defendant's attached straws and stalves work, is additionally required.

2. Determination on the defendant's defense of set-off and counterclaim

A. The damage liability in lieu of defect repair is included in the Plaintiff’s construction work content as a construction project for building a foundation 15,543,000 won for ground improvement of the ground of the 6,523,00 won, which is a lack of reinforced concrete, burner concrete, and miscellaneous non-construction outer wall construction, among the basic construction works for the first floor of the ground to recognize the defect repair cost, which is the ground for recognizing the defect repair cost. In the event that an agreed nature is defective with respect to an object, it constitutes a defect, barring any special circumstance. The important part of the basic floor is the construction project, unlike the design, which is higher than the ground, and is the site used as a dry field prior to the construction, and the wall rupture, window rupture, window stove, and door cret.

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