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(영문) 부산지방법원 2020.06.25 2019나5878
공사대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Around January 2017, the fact that the Defendant contracted the Plaintiff with the construction cost of KRW 6,000,000 (hereinafter “instant construction”) for the construction work of the five-story C. C. building shower room (hereinafter “the instant shower room”) in Busan-gun, Busan-gun, with the construction cost of KRW 6,00,000 (hereinafter “the instant construction work”) (hereinafter “instant contract”) may be acknowledged either as a dispute between the parties or as a whole by taking into account the entire purport of the pleadings.

Furthermore, the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 through 3 (including virtual numbers), i.e., ① the plaintiff completed the major process of the instant construction, such as resolution of water leakage and replacement of floor area, etc. in the shower room, by November 2017, according to the said contract, and completed the relevant construction work upon the defendant’s request for the repair. ② The defendant asserted that the instant construction was included in the shower repair work, but the Plaintiff did not perform the construction work. However, the defendant did not have any objective evidence supporting the above assertion (if the plaintiff requested repair work on the shower wall, it appears that additional construction costs are incurred by the said construction work). ③ The defendant had completed the instant construction work from November 2017 to July 2018, which filed the lawsuit of this case from the date when the plaintiff notified the completion of construction.

However, in light of the fact that there was a defect in the construction work performed by the Plaintiff, the Plaintiff is deemed to have completed the construction work in accordance with the instant contract.

Therefore, the Defendant, among the construction cost of KRW 6,000,000 under the instant contract, deducted KRW 2,000,000 from the Plaintiff who had already been paid the construction cost by the Defendant, and the construction work thereon.

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