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(영문) 서울동부지방법원 2016.01.26 2013가단124757
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,658,182 to the Defendant (Counterclaim Plaintiff) and its related amount from October 28, 2015 to January 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff and the Defendant entered into a construction contract with the content that he newly built the housing cost of KRW 160,000,000,000,000 for the construction cost on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. Under the above contract, the Plaintiff paid the Defendant a total of KRW 1

However, as the Defendant did not construct the above wooden house properly, the Defendant did not construct the above wooden house in a different manner from the above contract, such as the construction of the outer wall short-heat construction, cryle painting defect, etc.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of 13,548,000 won of the non-construction cost and the construction cost of the defect repair in lieu of the defect repair.

B. The gist of the Defendant’s assertion that the Plaintiff paid the instant construction cost is KRW 2.8 million out of the KRW 15 million, which was paid on May 25, 2013, 2013, and KRW 2.8 million out of the KRW 7.8 million, which was paid on May 25, 2013, not the instant construction cost, and the additional construction cost was paid for KRW 2.0 million, additionally purchased KRW 4 million, and KRW 400,000,000,000 (= KRW 1.6 billion, KRW 1.6 million, KRW 2.8 million, KRW 2.8 million). As such, the final unpaid construction cost is KRW 8 million ( KRW 1.1 million, KRW 2,000, KRW 2.8 million).

In addition, in addition to the instant construction work, the Defendant added 1st floor warehouses, bathing rooms attached to the 1st floor, and drum rooms, and second floor space. The construction cost is 10,006,182 won in total.

Therefore, the Plaintiff shall pay the Defendant a total of KRW 18,006,182, and delay damages for the unpaid construction costs and additional construction costs. If the Defendant deducts the total of KRW 9,955,000 from the said money the Defendant should pay the Plaintiff the unpaid construction cost and the defect repair work cost.

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