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(영문) 서울고등법원 2016.08.09 2015나3435
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 44,942,259.

Reasons

. Determination as to the principal claim

A. The Plaintiff and the Defendant, on November 10, 2012, are deemed to be an apartment complex B in the instant case where the Defendant, on November 10, 2012, to be the Plaintiff.

(C) A contract under the terms and conditions that each contract for defect repair works is made during the construction period of KRW 180 million (excluding value-added tax) and between November 15, 2012 and February 15, 2013 (hereinafter “instant contract”).

The contract of this case was concluded. The main contents of the contract of this case are as follows. The plaintiff shall perform the work in accordance with the specifications as at the time the contract was entered into with the defendant, and the plaintiff may request correction of any part not suitable to the specifications, and the plaintiff shall comply with it without delay. Article 9 (Construction Price)* 20% payment of down payment (the time the contract performance certificate is submitted)* 30% payment at the time of the completion of the construction * 50% payment after the completion inspection * 11 (Maintenance period) payment * 50% payment at the time of the completion inspection * 10% payment at the time of the completion inspection * 10% payment after the completion of the construction completion inspection.

(2) If a defect occurred, it shall be repaired without delay and the cost required shall be agreed upon between the Plaintiff. Wastes arising from the construction works under Article 12 (Waste Management) shall be able to be disposed of by the Plaintiff and carried out after being disposed of by the Plaintiff. 2) The Plaintiff, pursuant to the instant contract, performed a defect repair work for each household and section for common use subject to the repair of the remainder, excluding subparagraphs 701 and 3202 of the instant apartment complex, and completed the defect repair work on May 8, 2013.

3) Meanwhile, while the Plaintiff was performing construction works under the instant contract, the Plaintiff implemented the replacement of 4,50,000 won of the construction cost and the replacement of luminous stone and luminous construction in addition. 4) The Plaintiff was on the rooftop floor of the instant apartment building between the Defendant and the Defendant.

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