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(영문) 수원지방법원 2016.11.03 2015나45960
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the corresponding part of the judgment of the court of first instance, in addition to the application of the corresponding part of the judgment of the court of first instance as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 14th page of the 5th page "Plaintiff" shall be raised to "Defendant".

(b) 21 to 6th parallels of the fifth 21 to 6th parallels as follows:

(3) The defendant is obligated to pay the defendant totaling KRW 579,492 as damages in lieu of repair of each defect as stated in the separate sheet, since the plaintiff's construction work of this case executed by the plaintiff has the obligation to pay damages totaling KRW 579,492 as damages in lieu of repair of the defect as stated in the separate sheet. Thus, according to the purport of appeal stated in the purport of appeal and the alteration of cause as stated in the purport of appeal of KRW 3,300,000, which comes on March 3, 2014 when the due date among the claims for the plaintiff's unpaid construction payment claims of KRW 579,492, which comes on March 3, 2014, the defendant recognized the payment obligation of KRW 3,300,000 less the damages totaling KRW 579,492, which is equivalent to the above defect repair claim. Thus, the defendant appears to have expressed its intent of offset the above

The plaintiff and the defendant agreed to the warranty period of the defect repair liability period of the construction of this case as to the construction of this case in March 3, 2013, the plaintiff completed the construction of this case on March 3, 2013, the plaintiff filed a lawsuit against the defendant for the claim for construction cost, and the defendant filed a lawsuit against the plaintiff for the claim for damages against the plaintiff's comprehensive construction company (Seoul Central District Court 2014Gahap576830 (main claim), 2014Gahap584930 (Counterclaim)) in the above lawsuit, and appraisal of defects as to the construction of the building in Jongno-gu Seoul Metropolitan Government C in the above lawsuit is made.

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