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(영문) 서울남부지방법원 2019.10.17 2018나66409
공사대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The judgment of the court of first instance on the scope of this Court’s trial was cited in the part pertaining to cost 385,00 won for electric temperature repair work among the counterclaims, and the remainder was dismissed.

On the other hand, only the defendant appealed the part of the counterclaim that was dismissed.

Therefore, this Court makes a decision only on the part dismissed in the first instance among the counterclaim claims.

2. The assertion and judgment

A. The defendant's assertion ① The plaintiff performed the construction work after receiving a contract with the defendant's 16.5 million won (including value-added tax) for the main wall and floor located in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D 1's distribution store (hereinafter "distribution store"). Even though the main wall and floor should be built as a different day, there is a defect in golding the main wall and floor, and on the wall, there is no food, etc., and it did not require reconstruction since food, etc. was spread on the wall, and it did not demand reconstruction because the virtue does not work properly because it does not work properly, and therefore, E, the above distribution store, etc. filed a lawsuit against the defendant for damages. The plaintiff is obligated to pay the damages compensation amounting to the defendant, which is the damage.

② The Plaintiff was awarded a contract with the Defendant for the interior innovation store F and G (hereinafter “original innovation store”) to KRW 2,376,00,000 (including value-added tax) and performed the construction. However, the Defendant erred in doing construction of electric temperature water and caused business damage to the Plaintiff, and the Defendant replaced the electric temperature water pipe with KRW 385,00 on behalf of the Plaintiff.

In addition, with respect to the main innovation point, the Defendant rendered on behalf of the Plaintiff the repair work of 330,000 won of water leakage repair work in the main bank, 385,000 won of water leakage repair work outside the main bank, 1,034,00 won of fire-fighting system repair work, and 770,000 won of water leakage repair work in the main bank.

Therefore, the Plaintiff.

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