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(영문) 서울중앙지방법원 2016.12.01 2015가단143346
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

가. 원고 오픈웍스는 남양주시 별내동 931번지 상가건물의 건축주이고, 피고 해길종합건설은 위 상가건물의 시공자로 2015. 2. 26.경 피고에게 위 상가건물 신축공사 중 토공사 및 흙막이 공사를 공사대금 242,000,000원, 공사기간 2015. 3. 1.부터 2015. 6. 30.까지, SCW공법으로 공사를 시행하기로 정하여 하도급 주었다.

B. In accordance with the SCW method, the construction of the Plaintiff Seaway was completed, and the construction of the 1,2, floor and wall concrete was completed, and then the Defendant again carried out the work of cutting the sloping beam installed around the boundary of the construction site on June 23, 2015, and the construction of the Plaintiff Seaway directly carried out the defect repair work. The construction cost for the defect repair corresponding to the Defendant’s responsibility is 5,047,787 won in total.

C. Meanwhile, the Plaintiff Seaway Construction paid the Defendant totaling KRW 227,032,50 as the subcontract price by June 18, 2015, and the remainder of the unpaid construction price is KRW 14,967,50 (=242,00,000-227,032,50).

[Ground of recognition] Although there is no dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 and 2 (including paper numbers), the appraiser Gap's appraisal results, the fact that the appraiser Gap's inquiry inquiry inquiry replys about the appraiser Gap and the whole purport of the pleading are acknowledged, the defendant is obliged to pay 5,047,787 won to the plaintiff Marine Construction, the contractor, who has executed the work of the H beam beam's repair costs or damages.

2. The defendant's claim for offset against the defendant's claim for the payment of the unpaid construction price for the plaintiff's Maritime Complex Construction is asserted as offset against the defect repair cost or the damage claim. As such, the defendant's claim for the payment of the unpaid construction price for the plaintiff's Maritime Complex Construction is recognized as above.

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