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(영문) 울산지방법원 2018.04.11 2017나23622
공사대금
Text

1. All incidental appeals by the Plaintiff (Counterclaim Defendant) and the appeal by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The expansion from the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2014, the Plaintiff: (a) as a person operating a factory manufacturing gold-type C with the trade name “D” (hereinafter “instant factory”); (b) decided to conclude a contract with the Defendant for the construction of the building E, F, and G ground buildings (hereinafter “instant building”) located adjacent to the instant factory; and (c) drafted a standard contract with the Defendant for construction works (hereinafter “instant contract”) with the following contents.

Standard contract for construction work.

1. Construction name: New H construction works;

2. Site location: Yangsan City E, F, and G.

3. Construction period: Commencement on April 9, 2014 - Completion on July 30, 2014

4. Contract amount: One hundred and twenty million won per day (one hundred and twenty million won);

5. Time and procedures for the payment of construction expenses (1) The intermediate payment of KRW 10 million: KRW 20 million (the completion of basic work).

B. On March 2015, the Defendant: (a) performed a construction project to repair scrinks in the instant plant; and (b) to enhance the entrance door of the instant plant (hereinafter “the instant primary repair project”); and (c) performed a construction project to cover the pipe repair and scrink connected to the instant plant’s septic tank (hereinafter “the instant secondary repair project”); and (d) after the lapse of about one year, performed a construction project to cover the pipe repair and scrink connected to the instant plant’s septic tank (hereinafter “instant secondary repair project”).

C. The instant building obtained approval for use on October 20, 2014, and the Defendant received KRW 116,500,000 from the Plaintiff as the instant construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 17, the purport of the whole pleadings

2. Grounds for a principal lawsuit and a counterclaim;

A. 1) The Defendant’s claim for damages in lieu of defect repair is recognized that the written estimate (the thickness part of the evidence No. 2 of the instant building No. 2 is indicated as “25t,” written by the Defendant at a height of 250 meters from the floor thickness of the instant building.

However, in the oral proceedings, the plaintiff and the defendant have used it in the same sense as 250m.

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