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(영문) 수원지방법원 2016.05.19 2015나31527
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. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

On April 2014, the Plaintiff entered into a construction contract with the Defendant that the Plaintiff would receive KRW 5,00,000,000 from the Defendant, for the construction payment of KRW 14,125,00,00 from the beauty room (hereinafter “instant beauty room”).

B. The Plaintiff commenced the instant construction project and completed it on May 16, 2014 in accordance with the said construction contract on or around May 2, 2014, but was not paid KRW 9,125,00 (=14,125,000-5,00,000) by the Defendant.

2. Judgment on the parties' arguments

A. According to the facts acknowledged prior to the determination as to the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the balance of the construction cost of this case and the delay damages therefrom, unless there are other special circumstances.

B. The judgment of the defendant as to the defendant's argument is not only required for 3,111,517 won to repair the defects of the construction of this case executed by the plaintiff, but also due to the defects of the construction of this case executed by the plaintiff, the defendant suffered damages of 1,250,000 won to cover 3,960,000 won to purchase the cosmetics again, and 1,870,000 won to purchase the cosmetics at the expense for re-construction of the cosmetics, such as air conditioners, and 500 won to cover 1,870,000 won to cover 3,878,000 won for the cosmetics during the defect repair period, and the defendant sustained damages of 2,400,000 won to cover 2,40,000 won for the defective appraisal costs of the construction of this case, and the plaintiff suffered damages to the construction of this case.

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