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(영문) 부산지방법원 2018.02.06 2016가단71224
하자보수등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and B are the owners of the 3rd floor building located in Busan Seo-gu E (hereinafter “instant building”), and Plaintiff C is the husband of Plaintiff A’s son, who operates the 1st floor of the said building, and the son is the husband of Plaintiff B with the son’s son.

B. On August 24, 2016, the Plaintiffs entered into a contract with the Defendant for the remodeling of the instant building (hereinafter “instant construction”) by setting the construction cost of KRW 68 million (excluding value-added tax) and the construction period from September 5, 2016 to October 5, 2016.

C. On November 7, 2016, the Defendant completed the instant construction project including additional construction work.

The Plaintiffs paid KRW 65 million to the Defendant as the construction price, and entered the building of this case around November 14, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 (including paper numbers), and the purport of the whole pleadings

2. The plaintiffs alleged defect repair costs of the instant construction are KRW 16,187,117; KRW 7.93 million; KRW 1.4 million; KRW 1.4 million; KRW 1.4 million; KRW 1 million; and KRW 700,000; KRW 300,000; KRW 300,000; KRW 117,117; and KRW 300,000,000; and KRW 300,000,000,000; and KRW 1,000,000; and KRW 1,000; and

Here, the Plaintiffs’ unpaid construction cost to the Defendant (i.e., KRW 6,17,17 - KRW 3160,000,000 for the second estimate of KRW 7777,00 for the second estimate of KRW 60,039,578 for the construction cost paid) and additional construction cost (i.e., KRW 6,214,638 for the additional construction cost appraised in the relevant case - KRW 55,060 for the completion cleaning cost) would be 21,397,539 for the additional construction cost assessed in the relevant case (i.e., KRW 30,217,17 - KRW 3160,00 for the 5,659,578).

The Defendant’s claim and the application for modification of the cause of the claim (21,397,543) of January 22, 2018 to the Plaintiffs are “21,397,539 won”.

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