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(영문) 대구고등법원 2020.06.25 2019나21744
하자보수금 청구의 소
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 29, 2016, the Plaintiff and the Defendant: (a) determined on May 16, 2016 on the commencement date of construction works; (b) the term “factory construction works” among the construction works for which the Plaintiff newly constructed a factory on the ground C (hereinafter “instant construction works”); (c) KRW 567,00,000 on the completion date of construction works; (d) KRW 3% on September 15, 2016; (e) two years after the completion of the defect warranty period; and (e) two years after the completion of the defect warranty period; and (e) the term “factory civil construction works” among the instant construction works, as “the commencement date of construction works; (e) June 5, 2016; (e) the construction work period; (g) the construction work period; (g) the construction work period; (g) the construction work period; (g) the construction work period of KRW 730,000; and (g) the construction work period of KRW 10,00.

B. On April 30, 2016, the Plaintiff and the Defendant drafted a standard contract form for construction works (hereinafter “second contract form”) with the terms and conditions that “new factory construction works” during the instant construction works shall be determined as “the commencement date of construction works, May 15, 2016; September 10, 2016; the completion date; the construction cost of construction works; KRW 770,00,000 (Additional Tax); 3% after the completion of the warranty period; two years after the completion of the warranty period; and 0.01% for delay damages.”

C. On December 28, 2016, the door border market approved the use of a factory newly built by the instant construction project.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 7, 8, 9, Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The second contract is the Plaintiff’s request for a national subsidy to the Defendant and prepares a false contract for a factory construction among the instant construction works. Therefore, the real contract for a factory construction among the instant construction works is the first contract. Therefore, the total construction cost to be paid to the Defendant is = KRW 704,00,000 (=640,000,000).

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