(영문) 춘천지방법원 2019.10.16 2018나52652

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2019.10.16 2018나52652

공사대금

Text

1. All appeals on the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 17, 2017, the Plaintiff was awarded a contract with the Defendant for the construction of a new house on the ground of Gangwon-gun C, Gangwon-do (hereinafter “instant construction”) and completed by the instant construction work (hereinafter “instant housing”).

B. On July 3, 2017, the Plaintiff completed the instant construction and delivered the instant house to the Defendant.

C. The Defendant did not pay 14,100,000 won out of the construction cost to the Plaintiff.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Summary of the parties’ assertion

A. The Defendant is obligated to pay the Plaintiff the construction cost of KRW 14,100,000 and the delay damages therefor.

B. The Defendant Plaintiff constructed the instant housing differently from the design drawings, thereby causing a defect in the instant housing, and the Defendant spent a total of KRW 15,613,000 in order to repair the defect.

The defendant shall offset the damage claim in lieu of the defect repair against the plaintiff's claim for the construction price, and claim damages in lieu of the defect repair as a counterclaim.

3. Determination on the principal lawsuit and the cause of counterclaim

A. The contract is concluded between the Plaintiff and the Defendant regarding the claim for construction cost, and the Plaintiff completed the instant construction and delivered the instant house to the Defendant is as seen above.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 14,100,000 and the delay damages therefor.

B. “A defect in the relevant legal doctrine regarding the claim for damages in lieu of the Defendant’s defect repair” refers to a structure and function defect different from that stipulated in the construction contract, or an ordinary quality is not maintained in light of the transaction concept. Whether there is a defect is the content of the contract between the parties, and the design of the relevant structure.

유사 판례

-수원지방법원안산지원 2019.09.25 2017가단65596

-창원지방법원 2016.01.20 2015나6405

-서울동부지방법원 2020.11.27 2018가합104113

-서울고등법원 2019.05.31 2018나2032300

-부산지방법원 2019.10.23 2017나63528