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(영문) 서울서부지방법원 2017.10.31 2017나31368
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant was awarded a contract for the construction of multi-household buildings on each of the above lands by each owner of the Special Metropolitan City, Gwanak-gu D(E), F(G), H(C), and I(J) in sequence.

(hereinafter referred to as “K-Ground building”). (b)

Around July 2015, the Defendant subcontracted to the Plaintiff all of the instant stone construction works, including interior stairs and outside stones of the building (hereinafter “instant stone construction”), among the construction works of a multi-household building with the above four-households, and the Plaintiff performed the instant stone construction work from around that time to December 24, 2015.

C. Among the instant stone construction works undertaken by the Plaintiff, part of the building on the I’s ground does not perform the scheduled stone construction work, and part of the construction work was added to the construction cost corresponding thereto, and the total construction cost was KRW 248,500,000. The Defendant paid only KRW 181,00,000 to the Plaintiff.

【Ground for Recognition: Facts without dispute, entries in Gap’s evidence 1 through 5, 19 through 27, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The defendant is obligated to pay to the plaintiff 67,50,000 won (248,500,000 won - 181,000,000 won) which has not yet been paid among the total construction cost of 248,50,000 won for the instant tin works and damages for delay thereof.

B. In addition to the completion of the instant stone construction, there were defects, such as the width agreed upon by the 4th anniversary of the roof of the instant stone building (such as studs and walls) and the width of the instant stone construction, and the leakage of the H above the thickness. Furthermore, the sewage management officer of the instant stone construction was destroyed among the instant stone construction works, and the shape of the I-ground building is different from the agreement, and there is a defect such as attaching a string stone less than the string on the outer wall, which is less than the string of the agreed string.

On the other hand, the owner C of the H-ground building agreed to pay 50,000,000 won directly to the Plaintiff when the defects of the H-ground building are repaired.

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