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(영문) 의정부지방법원고양지원 2012.06.27 2011가합719
공사대금
Text

1. The Defendant’s KRW 44,675,00 for the Plaintiff and KRW 6% per annum from February 8, 2011 to June 27, 2012.

Reasons

1. Facts of recognition;

A. On February 22, 2010, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant with respect to the construction of multi-household housing and neighborhood living facilities in Mapo-gu Seoul Metropolitan Government (hereinafter “instant construction”). The details of the instant contract are as follows.

The construction cost: The construction period of KRW 503,000: the payment from February 26, 2010 to July 26, 2010 (construction completion): The payment of the down payment of KRW 46,000,000 for the first completed portion of KRW 100,000 for the second completed portion of KRW 100,000 for the second completed portion of KRW 100,000 for the second completed portion of KRW 257,000 for the second completed portion of KRW 57,000 for the second completed portion of KRW 5,000 for the second completed portion of KRW 56,00 for the second completed portion of KRW 5,00 for the second completed portion of KRW 2: The rate of compensation for delay of KRW 3% of the contract amount: the rate of compensation for delay of 5/1,000 for the first completed portion of the contract amount: 3% of the construction

B. The Plaintiff continued the instant construction in accordance with the instant contract, and obtained approval for use on August 11, 2010.

C. The Plaintiff was paid KRW 316,000,000 among the construction cost by the Defendant.

[Recognition] The non-contentious facts, Gap evidence 1 to Gap evidence 3's 10, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the Plaintiff completed construction based on the contract of this case, the Defendant is obligated to pay the Plaintiff the remainder of construction cost of KRW 187,00,000 (=503,000,000 - KRW 316,000,000) and the delay damages therefrom, barring special circumstances.

3. Judgment on the defendant's defense

A. As a result of the appraisal conducted by an appraisal conducted by a defective appraiser D who is admitted to offset the claim for damages due to defects, each fact inquiry conducted by the appraiser D of this court on the appraiser D of this case has the same defects as shown below in the building of this case, and the amount equivalent to the cost of repairing defects or the exchange value difference is recognized as follows as compensation for damages due to such defects:

(1) Parking lot floor concrete shall be constructed with 200 meters, but it shall be constructed with 100 meters to 70 meters.

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