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(영문) 대구지방법원 2018.11.28 2016가단2946
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 13,975,00 to the Defendant (Counterclaim Plaintiff) for KRW 13,975,00 and its amount from September 20, 2018 to November 28, 2018.

Reasons

1. Basic facts

A. A. Around September 2017, the Plaintiff contracted the Defendant with respect to the interior of the building on the Daegu-gu D ground (hereinafter “instant building”) and set the construction price at KRW 53 million (excluding value-added tax).

(hereinafter referred to as the “instant contract”). B.

Since then, the defendant paid KRW 70 million to the plaintiff as the price for construction.

C. Appraiser E submitted the Plaintiff’s appraisal opinion that the construction cost of the instant building, such as tegry, is a total of KRW 93,494,00,00 and that of the Plaintiff’s tegyptian construction cost of KRW 13,975,00 [The appraisal opinion that each of the costs of repairing the defect incurred due to the Plaintiff’s defects in the construction cost of KRW 8,162,000 [the cost of repairing the defect to the boiler in KRW 3,840,000, KRW 362,000,000, KRW 36,000,000, KRW 80,000,000, KRW 147,000,000, KRW 20,000,000, 628,00,000 for the cost of repairing the defect due to the defect in the tegyptian waterproof construction.]

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Although the instant contract for the primary claim was related to interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the second floor, the subsequent contract for additional construction works was concluded with respect to interior and outer wall construction of the first floor of the building. Accordingly, the instant contract and the said additional contract were combined to set the total construction cost at KRW 96,060,000, or at least the costs incurred in the additional works were claimed by the Plaintiff while entering into the said additional contract for construction works.

As a result of the above appraisal, the construction cost for the Plaintiff’s construction portion was appraised at KRW 93,494,00, and the Defendant is as seen earlier.

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