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(영문) 부산지방법원 2016.10.20 2015가단24078
공사대금등
Text

1. The Defendant’s KRW 139,876,50 for the Plaintiff and KRW 5% per annum from February 9, 2015 to April 9, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1-8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-4, or in combination with the purpose of the entire pleadings as a result of the different construction and defective appraisal by the appraiser B and the different construction and defective appraisal by appraiser B.

On November 3, 2014, the Plaintiff entered into a contract with the Defendant to pay KRW 115,280,000 (hereinafter “instant contract”) for the remainder of the payment, excluding the advance payment and intermediate payment, within ten days after examining the completion of construction work (hereinafter “instant apartment complex”) and thereafter performed the instant construction work from that time.

B. The Plaintiff, among the instant construction projects, performed the construction of sewage pipes and the installation of a Kastofer in the apartment complex (hereinafter “instant additional construction”) upon the Defendant’s request during the instant construction project, and completed the instant additional construction project and the instant additional construction around January 29, 2015.

C. The Defendant paid 172,920,000 won to the Plaintiff as advance payment and intermediate payment out of the price of the instant construction project.

During the instant construction project and the instant additional construction project performed by the Plaintiff, there were parts of the instant construction project and the instant additional construction, which were executed differently from the terms and conditions of the contract (i.e., the thickness and density of a asphalt package, speed prevention threshold, straight parking spaces and parking spaces for fire-fighting vehicles, parking lanes for exclusive use of fire-fighting vehicles, railing lines), and a part of the defects (ice package, chemical rock rock boundary damage and fixed condition, damage of cement sloped by the guard room, etc.). The cost incurred in performing the repair works.

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