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(영문) 서울동부지방법원 2016.12.13 2015가단45926
하자보수대금 등
Text

1. The counterclaim Defendant: 3,889,091 won to the counterclaim and 5% per annum from November 24, 2015 to December 13, 2016.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, evidence of subparagraphs 2 through 6, evidence of subparagraphs 1 through 4, evidence of subparagraphs 6 through 9, evidence of subparagraphs 13, and the purport of whole pleadings);

A. On April 1, 2014, the Counterclaim Plaintiff and the Counterclaim Defendant: (a) from April 3, 2014 to May 15, 2014, 2014; (b) KRW 98 million for the construction period; (c) the method of payment; and (d) 50% for the contract amount on April 2, 2014; and (c) the intermediate payment as the part of the base payment, with the intermediate payment, KRW 40% for the down payment.

4. 21. The remainder shall be paid within seven days from the date of receipt of the object, and the warranty period for delay shall be 12 months and the warranty rate for delay shall be 1/100 (x date) and the contract for construction work (hereinafter “instant contract for construction work”).

B. According to the instant construction contract, the Counterclaim Plaintiff paid KRW 20 million to the counterclaim Defendant, KRW 10 million on April 2, 2014, KRW 10 million on April 3, 2014, KRW 35 million on April 17, 2014, KRW 75 million on May 9, 2014, and KRW 20 million on October 1, 2014, and thereafter received a full payment receipt from D by the counterclaim Defendant’s attorney.

C. On May 25, 2014, the counterclaim Defendant completed the instant construction. D.

On October 20, 2014, with respect to the instant construction contract, the counterclaim Defendant entered into a performance guarantee insurance contract for defect guarantee money under the instant construction contract with the Seoul Guarantee Insurance Co., Ltd. by determining the policyholder-Counterclaim Defendant, the insured-Counterclaim Plaintiff, the purchase amount of insurance to KRW 2.94,00 won, the insurance period from October 20, 2014 to May 19, 2015.

E. The Counterclaim Plaintiff requested the Counterclaim Defendant to repair defects on the ground that the instant construction works were defective during the period of the instant construction works, the electrical construction works, and the wooden construction works. However, the Counterclaim Defendant did not comply with such request, and the Counterclaim Defendant entered into a contract with the “E” on repair works for crate construction, electrical construction, and wooden works, and on July 26, 2015, KRW 2,909,091 as construction price.

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