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1.The judgment of the first instance shall be modified as follows:
Defendant Counterclaims (Counterclaims) jointly provide the Plaintiff with KRW 31,982,306.
Reasons
The reasons for this Court’s acceptance of the judgment of the first instance are as follows, given that the reasons for this case are the same as the reasons for the judgment of the first instance, except for partial dismissal or addition as follows, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act
▣ 제1심 판결문 제3면 제16행 중 “이 법원의 감정인 E”을 “제1심 법원의 감정인 E(이하 ‘감정인’이라 한다)”으로 고친다.
▣ 제1심 판결문 제5면 제6행 중 “피고는”을 “피고들은 공동하여”로 고친다.
▣ 제1심 판결문 제6면 제10행, 제18행 중 각 “증인”을 “제1심 증인”으로 고친다.
▣ 제1심 판결문 제6면 마지막행 다음에 아래와 같은 기재를 추가한다.
“C. The Defendants asserted that the payment of the construction cost may be refused since the Plaintiff failed to perform the above obligation even though the Plaintiff’s obligation to pay the Plaintiff’s warranty bond and the Defendants’ obligation to pay the construction cost under the instant contract had been simultaneously performed. In full view of the purport of the entire pleadings in the statement in the evidence No. 1, No. 1, and No. 1, Article 21 of the General Conditions of the Construction Contract, which forms the contents of the instant contract, shall be paid to the Defendants by cash or construction mutual aid association as a guarantee of the Plaintiff’s construction mutual aid association until the payment of the construction cost is made after the completion inspection of the warranty bond corresponding to 3% of the contract amount (Article 21(1)), and the warranty bond shall be returned at the Plaintiff’s request after the expiration of the warranty liability period (Article 4(4). The defect repair liability period of the instant construction work is two years from the completion date, and the Plaintiff has not paid
On the other hand, the defendants' obligation to pay the unpaid construction price and the plaintiff's obligation to pay the warranty bond are concurrently performed within the scope of warranty bond.