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(영문) 서울북부지방법원 2015.12.02 2014가합3676
공사대금
Text

1. The Defendant’s KRW 29,122,00 for the Plaintiff and KRW 5% per annum from June 15, 2014 to December 2, 2015, and the following.

Reasons

On November 4, 2013, the Plaintiff: (a) the construction cost for the new construction of a multi-household housing in Seoul Jung-gu B is KRW 480 million (including value-added tax); (b) the remainder of KRW 430 million, excluding down payment of KRW 50 million, was agreed to receive within 60 days from the completion date; and (c) the construction was completed on April 15, 2014; (d) the construction of the completed building was completed, however, on the basis of the water leakage of the stairs room floor; (b) the poor-to-date toilets toilets waste water treatment in some households; (c) the poor-to-date toilets waste disposal of the toilets toilets waste water treatment; (d) the removal of each household-to-household sewage reservoir installed; and (e) the removal of the aggregate of KRW 8378,00,000 from each household-to-household concrete cohesion; or (e) the Plaintiff did not have any dispute over the purport of the entire appraisal and assessment of KRW 200.

If the Plaintiff deducts the construction cost of KRW 242,50,000 and the defect repair cost of KRW 8,378,000 that was already paid by the Plaintiff from the construction cost of KRW 48,000,00, the Defendant’s remainder of the construction cost of KRW 229,122,00 (=480,000,000 - 242,50,000 - 8,378,000) shall remain.

At the time of the conclusion of the instant construction contract, the Plaintiff agreed to ensure the quality of high quality than that of the general multi-household by using only the materials inside the highest level at the time of the conclusion of the instant construction contract

There is no evidence to acknowledge that there is additional defects due to defective construction, such as the generation of malodor due to the concentration of parking space, sewage and wastewater, etc. on the said newly constructed building.

Therefore, it is reasonable for the defendant to resist the scope of the obligation of the defendant from June 15, 2014 when 60 days have passed since the completion date of construction with respect to the above construction balance amount of KRW 229,122,00.

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