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(영문) 서울고등법원 2015.05.28 2014나42037
손해배상(기)
Text

1. The judgment of the first instance court, including the counterclaim claim expanded in the trial, shall be modified as follows.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On August 10, 2010, the Plaintiff entered into a contract with the Defendant on August 10, 2010, under which the construction of a new construction of a general steel structure factory of the first floor C on the ground surface was set as the construction period from August 20, 2010 to November 30, 2010, and the construction cost of KRW 720 million (value-added tax separate) (hereinafter the above factory is referred to as “instant factory”; its new construction; its new construction; and the said construction contract was referred to as “instant construction contract”).

B. Upon completion of the instant construction project, the Defendant obtained approval for its use on May 18, 201, and the Plaintiff paid the remainder of the construction cost, excluding KRW 65.3 million, to the Defendant.

C. The factory of this case consists of four Dongs with "A", "B", "C", "C" and "D", a representative director, and four Dongs with "D", which are factory agents.

(hereinafter referred to as “Dong”, “Dong”, “ Dormitory Dong”, and “office Dong” / [founded grounds for recognition] The fact that there is no dispute, each entry in the evidence Nos. 1, 12, and Nos. 1 and 2, and the purport of the whole pleadings.

2. The parties' assertion

A. In light of the contents of the written estimate of construction (No. 2, hereinafter “Plaintiff’s estimate”) that is the content of the instant construction contract, the main purport of the Plaintiff’s assertion lies in the non-construction part and defects, such as the Plaintiff’s non-construction cost or defect repair cost, and thus, the Defendant is obliged to pay the Plaintiff KRW 295,240,561 in total as compensation for damages in lieu of the repair upon the failure of construction.

However, the plaintiff recognizes the construction cost of 1620,000 won for additional construction of reinforced concrete retaining walls executed by the defendant.

Therefore, with respect to the Defendant, the principal lawsuit filed a claim for the remainder of the construction cost of this case from KRW 295,240,561, which deducts KRW 65,300,000 from the remainder of the construction cost of this case, and KRW 1,620,00 from the additional construction cost of the above reinforced concrete retaining wall, and for the payment of damages for delay.

(b).

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