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(영문) 대전지방법원 2017.02.09 2015가단210108
사해행위취소
Text

1. The Defendant shall pay to the Plaintiff KRW 25,226,420 and the interest rate of KRW 15% per annum from June 19, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On November 13, 2014, the Defendant concluded a construction contract with the Plaintiff to construct a building indicated in the attached Table (hereinafter “instant building”) on the land of Jung-gu Daejeon, Daejeon, Daejeon, the Defendant owned on the ground of 236.4 square meters.

(hereinafter “instant construction contract”). B.

The Plaintiff completed the instant building on or around September 18, 2014, and the Defendant completed the registration of preservation of ownership in the name of the Defendant on February 5, 2015.

C. The Defendant did not pay 36,000,000 won out of the construction price under the instant construction contract to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-3,

2. According to the above fact of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 36,000,000 and the delay damages therefor.

3. In full view of the reasoning of the lower court’s commission of appraisal as to the Defendant’s claim for the deduction of the cost of repairing defects, it can be acknowledged that the Defendant spent 10,773,580 won in total to repair the following non-construction or defects existing in the instant building, in light of the purport of the entire pleadings.

Non-execution Costs

1. Work not waterproof on the rooftop: 4,432,581 won;

2. Before the previous generation, the bathing rooms, windows, and failure to perform construction works 231,705 won; and

3. 343,432 won in case of a toilet, urinals, and window studios not constructed; and

4. Non-execution 1,258,703 won for non-execution such as external electric power failure of the first and fifth floors;

5. Non-construction 326,933 won, such as 401 retics, etc.

6. Unexecution of a living room, etc. No. 401, 632,267 won.

7. Expenses incurred in repairing defects of KRW 7,365,253 in small amount of KRW 139,632, which has not been installed with signs in the parking lot management ledger;

1. 136,623 won in height of raw materials on the rooftop;

2. Floors of stairs, stone, and inferior price of walls,047,654 won;

3. Funga and Fungi around the boundary of heading 201 74,289 won.

4. Escopic shooting and noise generation 331,053 won;

5. First floor and rooftop floor 120,395 won;

6. First floor and rooftop outer walls, 350,562 won;

7. At issue of Changho Lake (No. 401), 309,092 won.

8. Stickness of the floor of 401, 107,025 won.

9. 401 Of the mid-to long-term and low-standing 8,468 won.

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