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(영문) 의정부지방법원 2019.06.27 2018나213942
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

. A summary of the official map of recognition.

2. Place of installation: Within the B Apartment-si, Pakistan (hereinafter referred to as the “instant apartment”).

3. Period of installation: 3,5250,00 won for the period of installation on April 15, 2016, and on May 16, 2016;

5. Period of liability for defects: Three years of contract amount* The contract amount shall be paid at the same time as the start of the construction and shall be paid at KRW 10 million if the construction exceeds 70 per cent.

* The balance of the construction shall be paid within seven days after the completion of the construction work.

On April 4, 2016, the Defendant awarded a contract to the Plaintiff for the construction work of the window strawing and painting of outer walls (hereinafter “instant construction work”) with the following content:

B. The Defendant paid the Plaintiff the construction price of KRW 7 million on April 12, 2016 and KRW 17 million on April 20, 2016.

C. The plaintiff completed the above construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion that the construction work was completed under the instant construction contract, thereby seeking the payment of the unpaid construction cost.

B. The Defendant’s assertion that the construction of the instant case occurred due to the Plaintiff’s failure to properly perform the construction of the instant case, and thus, the damage claim in lieu of the defect repair and the unpaid construction cost claim

3. Determination

A. According to the above facts of recognition, the defendant is obligated to pay 1,8250,000 won to the plaintiff, except in extenuating circumstances.

B. Whether the Defendant is liable for damages due to defects arising from the instant construction work, as to the Defendant’s counterclaim of offset

1. The Plaintiff did not carry out the rupture part of the outer wall of the apartment building of this case in accordance with the specifications for the rupture repair and reinforcement of concrete heat on the outer wall submitted by the Plaintiff at the time of the contract. The ruptures occurred and steel corrosion was exposed, and the hallways and some balconys are leakageed

2. In the case of the windowing construction of the creative frame of this case, the removal, as set out by the Plaintiff, of existing thermalized containers from the outside of the window of the apartment household, as set out in the contract.

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