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(영문) 수원지방법원 2016.12.23 2016나12981
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 15, 2014, the Plaintiff entered into a contract with the Defendant for construction cost of KRW 14.6 million for multi-family houses with the second floor 201, 202, 301, 302, and 401 total number of five households with the fourth floor 401 (hereinafter “instant construction works”).

B. The Defendant paid only KRW 12.4 million out of the construction price of this case to the Plaintiff, and did not pay the remainder KRW 2.2 million.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff completed the instant construction work on October 29, 2014. As such, the Defendant is obligated to pay the unpaid construction cost of KRW 2.2 million and damages for delay. (2) Defendant A) Of the estimates (Evidence 1) of the instant construction work, Nos. 8 (No. 401 less than KRW 500,000) and 9 (No. 270,000,000), the Plaintiff agreed not to construct the instant construction work at the time of the contract. The new installation work No. 5 (No. 401) was agreed to reduce the construction cost of KRW 1.2,20,00,000, KRW 1,460, KRW 5,000, KRW 1,500, KRW 305, KRW 4,000, KRW 5,000, KRW 4,500, KRW 7,500, KRW 405,00, KRW 75,00.

C. The following defects exist in the parts constructed by the plaintiff, and the total cost of 2.75 million won is required for defect repair costs.

Therefore, the defendant cannot respond to the plaintiff's request.

(1) The main plate shall be set up by the 401 main panel as well as the main panel due to the occurrence of a phenomenon of inferior strawing.

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