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(영문) 대구지방법원 2017.11.10 2015가단29104
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 29,478,612 to the Plaintiff as well as the Plaintiff’s annual interest from July 29, 2015 to November 10, 2017.

Reasons

1. Determination as to the cause of claim

A. Fact 1) On October 2014, the Plaintiff and the Defendants were to construct the instant building (hereinafter referred to as “instant building”) and construct the said building (hereinafter referred to as “instant construction”).

On March 23, 2015, the construction contract was concluded with respect to the instant construction project. On November 1, 2014, the scheduled date of commencement, April 10, 2015, the scheduled date of occupancy, and the construction cost of KRW 360 million (the contract amount of KRW 100 million, intermediate payment of KRW 120 million, the balance of KRW 140 million, the completion of construction, and the remainder payment of KRW 140 million within two months after occupancy). On April 21, 2015, the Plaintiff completed the instant construction project, obtained approval for use, and delivered the instant building to the Defendants.

3) The Defendants paid KRW 278 million to the Plaintiff out of the instant construction cost. [In the absence of any dispute over the grounds for recognition, the respective entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings

B. The Plaintiff is a person who received KRW 278 million out of the above agreed construction cost. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the balance of the construction cost of KRW 82 million and delay damages, barring any special circumstance.

2. Judgment on the defendants' defense of set-off

A. The Defendants’ assertion amounting to KRW 12,910,00 for defect repair expenses incurred by the Defendants from February 3, 2016 to April 5, 2017, and KRW 52,807,690 for the cost of repair of existing defects or non-construction parts, shall be offset against the Plaintiff’s construction cost.

B. Determination 1: (a) as a result of the Plaintiff’s failure to properly maintain the structural and functional defect different from the contents prescribed in the construction contract, or the quality such as durability, strength, etc., in terms of the internal structure and strength of the building that the Plaintiff should have in light of the transaction concept, it is the conclusion that reduces the use value or exchange value.

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