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(영문) 서울고등법원 2015.10.16 2014나5281
하자보수금 등
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who falls under the money that orders the following payment concerning the counterclaim.

Reasons

1. Basic facts

A. On February 1, 2010, the Plaintiff obtained permission to construct a neighborhood living facility on the land outside Pyeongtaek-si B and 23 lots (hereinafter “instant construction site”) and run a leasing business, and ordered the Defendant to perform the construction of a new building on February 1, 2010.

- Construction period: from February 1, 2010 to March 31, 2010 - Construction cost: 71,500,000 won (including value-added tax);

B. On May 31, 2010, the Plaintiff entered into a contract with the Defendant for the construction of seven neighborhood living facilities (hereinafter “instant building”) in the instant construction site (hereinafter “instant building”).

- Construction period: From June 1, 2010 to October 31, 2010 - Construction cost: 1,925,00,000 won (including value-added tax) - Special-purposes: the Defendant shall be responsible for all civil petitions filed with respect to the construction of this case and all necessary matters for the completion of construction.

C. On July 1, 2010, the Plaintiff awarded a contract to the Defendant for construction as an external drainage incidental to the instant construction work.

- Construction period: from July 1, 2010 to October 31, 2010 - Construction cost: 103,950,000 won (including value-added tax): All the costs added other than the construction cost for the completion of sewage works shall be borne by the defendant.

(including the processing of civil petitions);

On February 25, 2011, the Plaintiff and the Defendant changed the scheduled completion date of the instant construction works until March 31, 201, and obtained approval for the use of the instant building and its ancillary facilities on November 23, 201.

E. The Plaintiff paid the Defendant KRW 1,539,477,00 in total as the construction cost of the instant construction work, the external drainage channel construction, the drainage channel, and the septic tank-breaking construction work (hereinafter “each of the instant construction work”).

[Ground of recognition] Evidence Nos. 1, 4-1 through 7, 7, 8-1 through 7, 9, 11-1 through 7, 18, 1-1 through 5 of evidence Nos. 1, 1-5, and the purport of the whole pleadings

2. The main office;

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