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(영문) 서울동부지방법원 2018.04.11 2016가합110961
공사대금
Text

1. The Defendant’s KRW 170,271,908 as well as the Plaintiff’s annual rate from May 11, 2015 to April 11, 2018, and the following.

Reasons

1. On September 24, 2013, the warranty period for the defect in the construction cost (including value-added tax) in the name of a fake construction work, plus the Defendant’s demand for an additional amount of KRW 162,047,60 on June 12, 2014, including KRW 162,047,60, and KRW 856,90,000 on the floor of the underground parking lot, and KRW 9,900,000, and KRW 64,900,900, and KRW 400,000 on November 20, 2015, plus KRW 162,90,000, and KRW 407,000,000,000 around the rooftop waterproof and household size, and KRW 50,000,000,000,000 for the construction cost on the floor of the underground parking lot.

1 year;

A. The Plaintiff received construction from the Defendant on five occasions as follows with respect to the target transport apartment (16 Dong-dong 1,278 households) in Dobong-gu Seoul, Seoul (16 Dong-dong 16).

(hereinafter) The construction work Nos. 1 through 3 is called “house waterproof Construction” and No. 4 is called “ underground parking lot construction” and the construction work No. 5 is called “heat Repair and Maintenance Work”.

The Plaintiff completed the rooftop waterproof Construction around June 2014, and submitted the completion documents concerning underground parking lot construction on March 27, 2015, and the completion documents on the rupture repair work on April 16, 2015 to the Defendant respectively.

C. The Defendant did not pay the Plaintiff KRW 171,380,000 out of the construction cost of underground parking lots and KRW 86,570,000 out of the equal remuneration construction cost.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1-5, 7, 9, 10, Eul's evidence Nos. 1-3, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff completed all of the instant construction, the Defendant claimed that the Plaintiff was KRW 257,950,000 for the construction cost unpaid to the Plaintiff (i.e., the construction cost of KRW 171,380,570,000 for the equal-liability repair construction cost of KRW 86,570,000 for the underground parking lot) on the ground that the Plaintiff erroneously stated the amount of KRW 171,380,000 for the unpaid construction cost of the underground parking lot at the warden as KRW 171,138,00,000, but the claim amount was specified as KRW 257,708,000 for the unpaid construction cost of KRW 257

(2).

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