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(영문) 서울고등법원 2011.11.25 2010나117513
공사대금
Text

1. Of the part concerning the counterclaim of the judgment of the court of first instance, 420,073 against the Defendant (Counterclaim Defendant).

Reasons

1. Basic facts and

2. Each corresponding part of the judgment of the court of first instance concerning the plaintiff's request is the same.

(The main text of Article 420 of the Civil Procedure Act). 3. Judgment on the defendant's assertion of deduction and counterclaim based on the defect repair claim

A. The defendant's argument is identical to the third part of the judgment of the court of the first instance.

(main sentence of Article 420 of the Civil Procedure Act).

However, in full view of the results of each appraisal report, appraiser F, H, and I’s each appraisal report, appraiser F, H, and I’s each appraisal report, the court of first instance, F, H, and G, which were conducted by the Seoul Central District Court No. 2008Kaman3151, and the purport of the entire pleadings as to the instant construction, the Plaintiff may be deemed to have necessary to repair the facts that each of the defects, such as the defect in the attached list, in the instant building, have occurred on the wind on which the Plaintiff failed to perform the construction of the instant construction in accordance with the design drawings, or on the wind to perform the construction of the said defect, and on the wind to perform the construction of the said defect, the part of the appraisal report, 31,657,285 won (i.e., the part of the appraisal of the building in question, 287,08,400 won, 354,777,000 won, 582,85 won, I,289,000 won).

(2) As to the Defendant’s assertion of additional defects, the Defendant asserts that the above transformation room should be transferred to the ground floor, since there exist functional, aesthetic and safety defects such as water leakage phenomena in the rooftop floor transformation room, which is required to maintain the building condition with a space using electricity.

Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3, 10, and 11 and the purport of the whole pleadings, the transformation room is marked to be installed in the underground room in the first design drawing, but the design is acknowledged to have been changed to be installed on the rooftop by the second modified contract.

According to the above circumstances, the Plaintiff installed a transformation room on the rooftop through a contract for the first and second changes and subsequent changes.

(c).

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