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(영문) 서울동부지방법원 2018.05.29 2016가단135413
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,317,00 to the Plaintiff (Counterclaim Defendant) for KRW 4,317,00 and its amount from October 15, 2015 to May 29, 2018.

Reasons

1. Basic facts

A. Around June 9, 2015, the Plaintiff entered into a construction contract between the Defendant and the Seongbuk-gu Seoul Metropolitan Government for the construction cost of 53,500,000 won, and the construction period from June 21, 2015 to July 25, 2015, with respect to the Dau Design Corporation located in Seongbuk-gu Seoul Metropolitan Government D. The Plaintiff entered into a construction contract between the Defendant and the Defendant, and the same year.

7.3. Formulate the construction contract.

Article 10 of the above construction contract provides that “The defendant shall inform the plaintiff of the fact when he finds any defect after sufficiently reviewing and verifying the defect before commencing the construction work, and if he/she starts the construction work after completing the transfer system under the agreement between the plaintiff and the defendant, he/she shall be recognized as completion of the construction work.”

B. On July 28, 2015, the Plaintiff and the Defendant concluded a construction contract with the purport that the total construction cost of KRW 14,940,000 shall be adjusted to KRW 44,370,000, and the total construction cost of KRW 14,940,000 was changed to KRW 59,310,000.

(hereinafter referred to as the “instant construction contract,” including the first construction contract and the amended construction contract on July 28, 2015.

On September 2015, the Plaintiff and the Defendant added KRW 88,000 to the construction cost of the water supply facilities, excluding KRW 380,000 for the installation cost of the entrance, and KRW 260,000 for the installation cost of the water supply facilities.

On June 21, 2015, the Plaintiff started the instant construction and completed the instant construction around September 27, 2015.

From June 10, 2015 to September 22, 2015, the Defendant paid a total of KRW 54,961,000 to the Plaintiff as construction price.

E. On October 15, 2015, the Defendant opened a carpet around 2015.

On October 14, 2015, the Plaintiff urged payment of the balance, and the Defendant demanded partial repair works. On October 28, 2015, the Plaintiff ordered repair works with respect to painting and toilet floor ice.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 through 8, and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition, the defendant also has the obligation to pay to the plaintiff.

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