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(영문) 울산지방법원 2017.08.23 2016가단61626
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 3,480,000, respectively, to the Defendant (Counterclaim Plaintiff) and the amount from August 13, 2016 to August 23, 2017.

Reasons

The main lawsuit, counterclaim is also considered.

The Defendants are owners of the newly constructed building on the ground “Y in Gyeyang-si”.

On January 27, 2016, the Plaintiff agreed with the Defendants as follows:

[A] In other words, the settlement of the balance of the Corporation is completed at KRW 40 million, and the first advance payment of KRW 20 million on the day, and the second balance of KRW 20 million on the day, respectively, shall be paid within three days after the submission of the warranty insurance policy.

The completion of construction shall be completed by January 30, 2016, and a warranty insurance policy shall be submitted within one week.

However, the Plaintiff failed to submit the warranty insurance policy to the Defendants, and the Defendants did not pay the remainder of KRW 20 million.

Therefore, the Defendants are obligated to pay the Plaintiff the construction cost of KRW 20 million, unless there are special circumstances.

This is the plaintiff's principal claim.

As a counterclaim, the Defendants sought payment of the cost of repairing defects.

According to the results of appraisal of appraiser F's defects, each defect, such as the entry in the attached list, exists in the building constructed by the plaintiff, and the total cost of 30,440,000 won is expected to be paid for the repair and construction.

The plaintiff asserts to the purport that he would directly repair the above defect, but as long as the defendants claimed damages in lieu of defect repair, the plaintiff must respect and comply with the defendants' choice.

[Article 667 of the Civil Code] The right of choice as to whether the contractor directly claims the repair of defects or to claim the compensation for damages in lieu of the repair of defects is against the defendants.

The defendants' assertion includes the plaintiff's claim for the construction cost and the defendants' claim for damages within the same amount (the same applies to the plaintiff's assertion from the opposite perspective). Accordingly, when the offset is completed, the plaintiff's claim for the construction cost amounting to KRW 20 million shall be set off within the same amount.

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