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(영문) 서울중앙지방법원 2016.06.14 2015가단5241788
기타(금전)
Text

1. The Defendant’s KRW 68 million to the Plaintiff and the Plaintiff’s 5% per annum from May 28, 2015 to June 14, 2016.

Reasons

1. Basic facts

A. On May 15, 2015, the Plaintiff entered into a contract with the Defendant for the new construction of the commercial building B, a construction period of seven months after the commencement of the construction period, and the construction contract amount of KRW 710,000,000,000, and agreed on the payment timing and amount of the construction cost as follows:

B. On May 28, 2015, the Defendant reported the commencement of construction and continued construction. The Plaintiff paid the Defendant KRW 210,000,000,000 as an advance payment for construction, and KRW 21,10,000,000,000,000,000 to the Defendant on May 19, 2015.

C. However, there was a defect in the part that the Defendant performed, as indicated below, that was either built or unconstruction differently from the design drawing, and accordingly, the supervisor of the instant construction works requested the Defendant to rectify the said defect on June 25, 2015. However, the Defendant suspended the instant construction works on or around June 26, 2015; thereafter, the Defendant demanded the Plaintiff to settle the accounts of the instant construction works; and thereafter, returned KRW 143 million in total on July 16, 2015 to the Plaintiff.

The detailed design drawing of the detailed contents of the defects of the first floor is to be constructed at a level of 100 meters less than the upper floor part of the first floor, but the entire floor of the first floor was constructed in a horizontal range.

2 The design drawing of whether to reclaim excellent pipes has been designed to discharge underground pipes (water pipes 150 meters away from the ground) and to discharge them into the city of excellent pipes, but the excellent pipes were not buried on the basis of the plan.

3 The design drawing as to whether the squad is separated and installed, the squad is stated to be installed separately (house and commercial building), but the squad was constructed by being attached at one place.

4 The design drawing for the purchase of heat and electric power facilities is that the first floor electrical contact (17 places) is up on the floor, but was buried and constructed on the basis of two sites.

5 The design drawing of whether to reclaim sewage pipes is required to reclaim sewage pipes in the retaining wall of the building pipe, but the sewage pipes were installed inside the building (the floor side of the elevator room).

6 The starting point is the starting point.

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