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(영문) 수원지방법원 2018.07.17 2017가단539635
기타(금전)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 3,248,320 to the Defendant (Counterclaim Plaintiff) and the amount from April 14, 2018 to July 17, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. Upon Defendant B’s request, from September 20, 2016 to December 26, 2016, the Plaintiff carried out landscaping (including piling up of foreign walls and bricks; hereinafter “instant sculpture”) among the construction works of the instant building, the Plaintiff was not paid KRW 93,848,00 among the construction works.

B. Defendant C is the owner of the instant building.

C. After the completion of the instant tidal work, the bricks attached to the left-hand outer wall fall on the ground, and there was rupture from the bricks attached to the remainder of the outer wall (on the front side, back side, right side, and left-hand side).

(hereinafter “instant defect”). D.

Accordingly, Defendant B carried out the defect repair in the sum of KRW 64,169,200 as follows.

The defect repair cost of the building of this case 1 42,310,00 won in walking the brick installed on the left side of the outer wall of the building of this case (=31,60,000 won in waste disposal costs of KRW 6,090,00 in the remaining brick removal costs of KRW 31,60,000 in the building of this case) 2H-type lectures 8,118,000 in the lower part of the right side of the building of this case, and reinforcement 11,431,20 won in reinforcement 11,431,20 won in construction of steel pipe on the 3 windows of 4 equal heat of KRW 2,310,00 in the aggregate of KRW 64,169,20 in the aggregate of KRW 44,310,00 in the building of this case / [founded grounds] No dispute is raised, Gap-6,8-3, 48-4,000 in the witness testimony of this case;

2. Judgment on the counterclaim

A. 1) The Plaintiff is obligated to pay the cost of repair of defects to the Defendant B, inasmuch as the instant defect occurred, such as the fall from bricks and ruptures relating to the instant shipbuilding work performed by Defendant B. However, Defendant B is obligated to pay the cost of construction of KRW 93,848,00, which the Plaintiff seeks as the principal lawsuit, to the Plaintiff. Accordingly, the Plaintiff is ultimately liable to pay the cost of construction of KRW 161,827,200 (= defect repair cost).

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