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(영문) 서울동부지방법원 2016.12.23 2015가단116415
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 38,110.

Reasons

Basic Facts

The plaintiff completed the registration of ownership transfer on August 30, 2007 with respect to the Songpa-gu Seoul Metropolitan Government 169m2.

On March 24, 2013, the Plaintiff entered into a construction contract with the Defendant with the content that the Defendant newly built five-story multi-household houses (8 households) above ground on the land of Songpa-gu Seoul Metropolitan Government 169.9 square meters, and that the Plaintiff would be paid KRW 420 million from the said construction cost.

On November 12, 2013, the Plaintiff obtained approval for the use of the five-story reinforced concrete structure (framed) and five-story apartment buildings (hereinafter “instant building”) constructed according to the said construction contract under the said construction contract. On November 26, 2013, the Plaintiff completed registration for the preservation of ownership on the said new building.

Under the above construction contract, the Plaintiff paid KRW 345 million out of the construction price to the Defendant.

(Total construction cost of KRW 420 million - KRW 345 million = Unpaid construction cost of KRW 75 million). [Grounds for recognition] No dispute, Gap 1, 5, and Eul 1, as well as the purport of the whole pleadings.

The plaintiff asserts that the plaintiff's claim for judgment on the main claim is as follows.

In the course of the construction of this case, the defendant

1. The Plaintiff’s content of the Plaintiff’s claim is that the Defendant is obligated to pay damages equivalent to the defect repair amounting to KRW 245,630,629, which is the sum of KRW 2005,629,00,000,000 for the additional construction cost to be paid to the Defendant and the unpaid construction cost of KRW 1,284,925, and KRW 75,00,000 for the unpaid construction cost ( KRW 420,000,000 - KRW 345,000,000), and the Defendant is obligated to pay the remainder of the damages in lieu of the defect repair (= KRW 224,630,629,000), and damages for delay to the Plaintiff.

(b) review, in turn, as determined;

The plaintiff.

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