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(영문) 수원지방법원성남지원 2016.09.02 2015가단10287
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 16,903,922 to the Defendant (Counterclaim Plaintiff) and its related amount from December 2, 2014 to September 2, 2016.

Reasons

1. Basic facts

A. On October 2013, the Defendant proposed a new construction work of a building that is a housing unit to the Plaintiff, a company for the purpose of civil engineering and construction work business, etc.

The defendant used a credit guarantee certificate issued from the Korea Credit Guarantee Fund to obtain a loan for the construction cost from a financial institution, but it is not possible to issue a credit guarantee certificate for the above three floors, which is not used as a factory, and the plaintiff and the defendant first obtained a construction permit for the entire building as a factory and then agreed to change the use of

B. Accordingly, on October 23, 2013, the Plaintiff and the Defendant concluded a contract with the Defendant on October 24, 2013 on the scheduled date for the commencement of the new construction work of the building B and C neighborhood living facilities located in Southern City (hereinafter “instant building”); the scheduled date for completion; February 20, 2014; the contract amount is KRW 370,000 (excluding value-added tax); and the delayed payment rate is KRW 1/100 per day (hereinafter “instant construction contract”).

당시 원고와 피고는 ‘주택외벽 치장벽돌 시공’, ‘준공 후 1층 주차장 출입문 1개소 설치’, ‘준공 후 2층 사무실 칸막이 판넬 시공’, ‘준공 후 3층 베란다 샷시 시공’, ‘챙 렉산 시공’을 특약하였다.

C. Approval for the use of the instant building was made on May 2, 2014, and approval for the change of the use to housing on the third floor of the instant building was made on August 12, 2014.

The defect in the contents of the studio 53 stories constructed with 2,570 meters in diameter, not 36,576 m2,576 m2,576 m2,570 m2,576 m2,576 m2,576 m2,576 m2,570 m2,576 m2,658 m22,658 m22,658 m2,732,386 m2,386 m2, 652,847 m2,847 m239,589 m2,583 m2,589 m2.

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