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(영문) 광주지방법원 2015.01.09 2014나3586
공사대금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 16, 2011, the Plaintiff was awarded a contract with the Defendant for KRW 75,000,000 for construction period, setting the construction period from March 22, 2011 to May 22, 2011.

B. Around March 22, 2011, the Plaintiff started construction work and completed construction work around June 28, 2011.

C. A report on the commencement of construction works was made on April 27, 201, and a partial revision was made on June 10, 201, and a report on the completion of construction works was made on June 22, 201.

According to the drawing attached to the above report of completion, the outer wall of the house of this case is stored with a reduction of 1.0B a yellow brick in the size of 1.0B and is constructed with a 50-meter short heat (hereinafter referred to as “duplicated wall”). However, the plaintiff completed the construction (hereinafter referred to as “short wall”) with a reduction of 1.0B a yellow brick in the size of 1.0B.

In addition, there were some defects such as ruptures on the outer wall, and the details of the defects based on the above design map and the repair cost (the base point is November 201, 2012) are as follows.

1) The cost of repair for erroneous construction and rupture rupture 29,079,839 won 2) the cost of defective construction of windows: 1,856,198 won 3) the cost of repairing rupture between the ceiling and the inner wall: 323,605 won (4), the cost of repairing ruptures of living rooms and the floor ruptures between the ceiling and the inner wall: 658,958 won: 169,223 won;

E. The Plaintiff was paid KRW 60,000,000 as the price for construction work by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, results of on-site inspection conducted by the court of the first instance, results of appraiser D's defect repair appraisal, results of fact inquiry conducted by the court of the first instance on the Young Military, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion is KRW 15,00,000 unpaid construction cost (=75,000,000 - KRW 60,000) paid by the Plaintiff, design cost of KRW 1,20,000,000, and additional construction cost of KRW 2,500.

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