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(영문) 인천지방법원 2017.08.24 2016나60594
공사대금
Text

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

Reasons

1. The reason why the court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, except that the "the head of the original head of the Gu" in the third part of the judgment of the court of first instance shall be "the head of the original head of the Gu", and the "50,000,000 won" in the third part shall be "52,50,000 won" in the judgment of the court of first instance, and it shall be cited as it is in accordance with the main sentence of

2. Determination

A. The court's explanation of this part of the judgment on the cause of the claim is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The defendant's defense 1) The defendant's defense as to the plaintiff's defense 860,50,000 won as well as 860,50,000 won, which the plaintiff paid to the plaintiff in cash under the pretext of additional construction cost. However, the defendant's testimony as witness H does not seem to correspond thereto, and there is no other evidence to acknowledge it. Thus, the defendant's defense as to the offset 2) is without merit. Further, the defendant's defense as to the main construction and additional construction due to the defects in the location of the parking lot and its surrounding landscaping, and ② since the defects caused by water leakage of the building occur, the plaintiff is liable to pay damages in lieu of the defect repair as the contractor to the plaintiff. In addition, the plaintiff's assertion that the plaintiff's testimony in this case is offset against the remainder of the construction cost due to the defect repair claim held by the defendant in lieu of the defect repair claim against the plaintiff.

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