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(영문) 부산지방법원동부지원 2017.10.18 2015가단18574
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 19,305,00 and its related amount from October 16, 2015 to October 18, 2017.

Reasons

1. Basic facts

A. On May 4, 2015, the Plaintiff entered into a contract with the Defendant for the construction of a new house on the ground of Gosung-gun C, Chungcheongnam-gun, and concluded the following construction contracts with the Defendant.

The commencement: The contract amount on May 5, 2015: the contract amount on August 31, 2015: the advance payment of KRW 105,000,000 in daily (Won 105,00,000) on May 5, 2015, the deposit of KRW 3,000,000 in Samcheon on May 20, 2015, the payment of KRW 3,000 upon the registration of transfer of the house before the year 2015, the remainder shall be paid after completion (after completion of construction).

B. While the Plaintiff continued construction, the construction was suspended on August 30, 2015.

C. The Defendant paid the Plaintiff KRW 64,000,000 as construction cost.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s failure to complete construction due to the Defendant’s failure to pay the construction cost is suspended.

Meanwhile, the Plaintiff’s construction cost of KRW 1,500,00 due to the Plaintiff’s error of construction, KRW 700,000, and KRW 3,500,000, in total, for the installation cost of a fence for external stairs.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 37,50,000,000, not paid construction cost of KRW 41,000,000, excluding the remainder of KRW 37,500,000.

B. The Defendant spent KRW 56,611,140 at the cost of repairing defects for the work completed and the Plaintiff’s work completed.

In addition, the plaintiff is responsible for paying 10,000,000 won as consolation money for mental suffering suffered by the defendant due to the discontinuance of construction.

Therefore, the Plaintiff is obligated to pay the Defendant the remainder of KRW 25,611,140, excluding the Defendant’s payment of KRW 41,00,00,000, out of KRW 66,611,140.

3. Determination

A. Determination as to whether or not the construction cost paid by the Defendant, the construction cost for the Plaintiff’s non-execution portion, and the repair cost for the defective portion (whether or not the Defendant’s assertion is accepted) is recognized. KRW 1,100,000.

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