(영문) 대구지방법원 서부지원 2017.01.12 2015가단19708

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자간(%)

(영문) 대구지방법원 서부지원 2017.01.12 2015가단19708

공사대금

Text

1. The Defendant’s KRW 21,50,000 as well as the Plaintiff’s annual rate from November 3, 2015 to January 12, 2017, and the following.

Reasons

1. Basic facts

A. On July 21, 2015, the Defendant concluded a contract with the Plaintiff on July 21, 2015, setting the construction cost of KRW 70 million (excluding value-added tax) and the construction period from June 20, 2015 to July 25, 2015.

B. Although the Plaintiff completed the instant construction, the Defendant paid KRW 20 million on June 24, 2015, and KRW 25 million on July 3, 2015, and did not pay the remainder of the construction cost of KRW 25 million.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 3 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay 25 million won and damages for delay to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The plaintiff's assertion that ① the building of this case, which was constructed by the plaintiff, has a defect in the front window of the living room, ② the defective construction on the second floor of the building columns, ③ the defect in the bottom of the entrance, ④ the water leakage of the front section of the living room and the water leakage of the front section, ⑤ the defect in the lower part of the outer wall panel of the right side of the building, ⑤ the defect in the unconstruction of the roof and the wall finish as originally agreed, and the defect in the unconstruction cost and repair cost are anticipated to be paid in order to repair. Thus, the defendant's damage compensation claim in lieu of the above amount to the plaintiff's plaintiff and the amount of the remainder of the construction in this case should be offset against the amount equal to the plaintiff's claim for the remainder of the construction in this case.

B. In full view of the following facts: (a) the cost of repair of one defect is included in the evidence No. 1 and the video of this Court; (b) the result of the on-site verification conducted by this Court; and (c) the purport of the entire pleadings as a result of appraiser D’s appraisal and supplementation; and (e) the Defendant’s assertion on the instant building is recognized as follows to repair the said defect.

Serial number.

유사 판례

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