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1. As to KRW 80,794,500 among the Plaintiff (Counterclaim Plaintiff) and KRW 30,000,000 among the Plaintiff (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) on September 22, 2015.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company that aims at construction business, painting construction business, etc. 2) The Defendant is an autonomous organization composed of the occupants in order to manage 435 households (including 324 households and 111 households in apartments; hereinafter “instant building”).
B. Prior suit 1) The Defendant, on June 8, 2010, built and sold the instant building, and D Co., Ltd. (hereinafter “D”) that built and sold the instant building and D Co., Ltd. that built the instant building (hereinafter “D”).
2) On the part of E Company, the Seoul Central District Court 2010Kahap57997 (hereinafter “instant lawsuit”) filed against E Company, which guaranteed its warranty liability.
(2) On February 16, 2012, when executing the new construction of the instant building, the court rendered a judgment in favor of the Plaintiff on the ground that: (a) the construction of the instant building was not carried out by D according to the design drawings; or (b) the construction was carried out by modifying the design drawings differently from the defective construction or design drawings; (c) there was a defect such as rupture, water leakage, and rupture of the instant building; and (d) thereby, the Plaintiff partially rendered a judgment in favor of the Plaintiff on the ground that
C. 1) The Defendant entered into a contract for the repair of defects, etc. 1) with the warranty bond received through the instant prior lawsuit, and entered into four contracts with the Plaintiff for the repair of defects as indicated below (hereinafter “instant defect repair works”).
The work price was paid.
On October 21, 201, the amount paid as the payment date of the contract amount of the 1st day waterproof Construction Contract: On November 21, 201, 201, 230,000 on November 21, 201, and on December 12, 2011: 190,652,00 square meters: 83,798,000 square meters: 274,450,000 on December 22, 2011; 35,000; 164,670,000 on May 164, 200, 200 on August 37, 201, 204; 75,000 small-scale parking lots; and