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(영문) 제주지방법원 2017.02.07 2015가단14937
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 53,661,000 among the Plaintiff’s counterclaim and KRW 20,000,100 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on October 22, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 1, 2014, the Plaintiff entered into a contract with the Defendant on May 1, 2014, setting the construction work for constructing neighborhood living facilities (including Ddong and Edong; hereinafter “instant building”) on the land outside Jeju and one parcel (hereinafter “instant construction work”) as the construction cost of KRW 440 million (excluding value-added tax).

(hereinafter referred to as the “instant contract for construction work”). B.

On October 22, 2014, the Plaintiff and the Defendant prepared a confirmation document (No. 10, No. 100, hereinafter “instant confirmation document”) according to the settlement of construction cost, and the confirmation document states as follows: “The additional tax amount of KRW 15,00,000,000 for septic tanks, KRW 13,000 for construction cost for septic tanks, KRW 6,910,00 for waterworks, KRW 4,000 for toilets, the additional amount of KRW 18,000 for toilets, and KRW 6,597,000 for the aggregate of KRW 9,000 for rooms, KRW 1,89,70 for the balance.”

C. On November 13, 2014, after the preparation of the instant confirmation document, the Plaintiff paid KRW 7 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion caused a defect in the part of the construction work executed by the Defendant under the instant construction contract, and the Plaintiff requested the repair of the defect, but the Defendant failed to perform the repair of the defect, and the Plaintiff directly requested another business entity to repair the defect.

65,631,00 won, which is the amount appraised as compensation for damages in lieu of defect repair, and damages for delay shall be claimed against the defendant.

B. The Defendant asserted that the construction of this case and the additional construction upon the Plaintiff’s request were completed, and the approval procedure was also conducted.

The Plaintiff paid only KRW 484 million, including value-added tax 44 million won, and KRW 475 million out of the additional construction cost according to the instant confirmation of this case. The Plaintiff paid only KRW 475 million against the Plaintiff 7,4970,000 = KRW 484,00,000,000 for the unpaid construction cost.

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