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(영문) 전주지방법원 2019.02.14 2017나7241
공사대금 잔금
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) in excess of the amount ordered to be paid below.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, and the part corresponding to the judgment of the court of first instance is used as follows. The defendant's argument emphasized by this court is added to the following additional determination, and the defendant's decision as to the counterclaim raised by this court is identical to the reasons for the judgment of the court of first instance as stated in Articles 1 and 3, 420 of the Civil Procedure Act, except for the addition of the judgment as to the counterclaim raised by the defendant to this court.

[Supplementary part] Part 3 of the judgment of the court of first instance, 19-4-2 of the judgment of the court of first instance shall be followed as follows.

According to the above facts and legal principles, the Defendant is obligated to pay to the Plaintiff damages for delay from the next day of delivery of a copy of the complaint of this case, as claimed by the Plaintiff, of KRW 21,408,680 for the construction work of the building No. 1 in this case and KRW 14,198,00 for the construction work of the building No. 2 in this case (i.e., KRW 12,460,00 for the construction work of the building No. 2 in this case / KRW 16,867,00 for the construction work of the building No. 16,888).

2. The Plaintiff asserts to the effect that, in addition to the instant facility works, there is a defect in the phrase “the Defendant’s assertion” as indicated below, the damages claim amounting to KRW 21,245,060, which is the remuneration cost, and the unpaid construction cost claim are set off in lieu of the said repair cost.

According to the results of appraisal of each defect in August 20, 2018 and December 10, 2018 of the appraiser F, the facility of this case contains a defect in the following table, and the cost of repairing the facility of this case can be acknowledged to cover KRW 6,046,090 in the aggregate of the amount stated in the following table.

The amount of repair (cost) recognized as defects in the defendant's assertion of the defects in the building of this case shall be 370,600 co-owners' toilets of the first floor of the building of this case after consultation with the parties.

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