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(영문) 의정부지방법원 2019.08.27 2018가단11466
공사대금
Text

1. The Defendant: (a) KRW 41,366,242 to the Plaintiff and KRW 6% per annum from August 3, 2018 to August 27, 2019; and (b) from the following day.

Reasons

1. Facts of recognition;

A. On July 24, 2017, the Defendant left the Plaintiff with KRW 95,00,000, among the new construction works for multi-household houses in Gangwon-gun, Gangwon-gu.

B. The Defendant underwent a pre-use inspection on March 2018 after the Plaintiff completed construction works.

C. The Defendant did not pay 46,000,000 won out of the construction cost to the Plaintiff.

[Evidence A] Evidence Nos. 1, 4, and 5

2. Determination

A. The Defendant is obligated to pay the remainder of the construction cost to the Plaintiff KRW 46,000,000.

B. The Defendant asserted that the claim for construction payment is offset against the Plaintiff’s claim with the claim of KRW 13,758,476 in lieu of the repair of defects. However, as seen below, the Defendant received a offset defense only within the scope of KRW 4,63,758 as follows. Ultimately, the unpaid construction payment is KRW 41,366,242.

The contents of the defect type E-dong parking lot, 1,000 square pipes were constructed on the 1st floor, 1st,000,000,000,0000,00000,00000,00000,0000,00000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,00,000.

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