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(영문) 대구지방법원 2020.01.31 2018가합208868
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 200,433,296 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 21, 2017, the Plaintiff entered into a construction contract with the Defendant for construction works that newly build a church building (hereinafter “instant building”) on the land of the Daegu-gu Dong-gu, Daegu-gu, with the construction period from May 10, 2017 to November 10, 2017, with the construction contract amounting to KRW 1,078,00,000, to the Defendant.

On June 24, 2017, the Plaintiff and the Defendant entered into an amendment contract to increase the construction contract amount to KRW 1,500,000,000. On November 9, 2017, the Plaintiff entered into a contract to change the construction contract amount to KRW 1,464,80,000 from May 10, 2017 to February 3, 2018 (hereinafter “instant construction contract”).

B. The Defendant completed construction works under the instant construction contract and obtained approval for use on February 22, 2018.

C. On April 21, 2017, the Plaintiff paid the Defendant KRW 1,364,80,000,000 in total, as the instant construction cost, and KRW 1,364,80,000 in total, as of May 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 3 and 5, the purport of the whole pleadings

2. In full view of the overall purport of arguments as to the claims in this case, the following facts are acknowledged: (a) there exists any defect or non-construction part of the instant building newly built by the Defendant, such as the defect repair expenses in the attached Table 1; and (b) KRW 70,030,000 (52,350,000 of the cost of defect repair as a result of the appraisal conducted on April 4, 2019; (c) KRW 13,020,000 of the cost of defect repair as a result of the appraisal conducted on May 29, 2019; and (d), 4,660,000 of the cost of the defect repair as a result of the appraisal conducted on November 12, 2019; (d) KRW 130,403,296 of the cost of repair in the non-construction part; and (d) KRW 30,406,309,296 of the cost of repairing the non-construction part (as the Plaintiff seeks).

Therefore, the defendant's defects and non-constructions to the plaintiff.

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