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(영문) 대구지방법원서부지원 2016.06.02 2014가합5754
공사대금
Text

1. The Defendant’s KRW 136,900,127 as well as the Plaintiff’s annual rate of 6% from January 30, 2015 to June 2, 2016.

Reasons

In light of the fact that payment was made, 2,580,000 won should be deducted from the Plaintiff’s construction cost.

Therefore, this part of the defendant's argument is justified.

3) The defendant's assertion that part of the cost of repairing defects should be deducted from the above construction cost, as shown in the attached Table 1, in addition to the cost of repairing defects paid as above.

B) According to the above evidence and the result of the appraisal commission of appraiser I of this Court, after the completion of the instant construction work, defects such as non-construction over the non-construction over the non-construction over the unit of a remodeling telecom, home appliances, and furniture have occurred. The result of the appraisal of defects is as follows (The specific contents of the appraisal of defects are as shown in Attachment 2).

1) Then, the court below's determination that "64,420,00" stated in the appraisal document of "64,420,001" is a clerical error in the calculation of "64,420,001", including 32,354,805 won, including 1 initial estimate 2,000 won, 17,172,074 won, including 17,172,074 won, 17,172,074 won including 32,00 won, 1,000 won, 14,893,122 won, and 3,000 won, 14,893,122 won, and 3,000 won, of the first floor of the elevator.

In other words, the following circumstances are acknowledged by comprehensively taking account of the aforementioned evidence, witness G’s testimony, the result of the appraisal and supplementation entrustment to the appraiser I of this court, and the purport of the entire pleadings. ① The instant construction contract is a remodeling contract in the ton method, even if the Plaintiff incurred any defects in the construction part not contained in the estimate prepared before the instant construction contract, its liability cannot be denied. ② As seen earlier, insofar as the Defendant agreed to install the unmanned settlement machine instead of changing the installation of the computer settlement system, the defect content of the installation part of the computer settlement is excluded from the calculation of the defect repair cost.

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