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(영문) 대구지방법원 2021.01.13 2020나312115
공사대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

This Court shall reduce claims in accordance with this Court.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who performs water-related construction work under the trade name of "C", and the defendant is a representative meeting of occupants of B apartment houses located at port.

B. On May 1, 2019, the Plaintiff entered into a contract with the Defendant for the construction works that the Plaintiff would undertake as follows (hereinafter “instant construction works”).

① Construction cost of KRW 4 million (i.e., KRW 500,000 won per unit of repair of water pipes of KRW 2 million ( KRW 500,000 per unit of installation where it is necessary to conduct long-term work, such as singinging down and attaching 1,50,000 won per unit of repair), ② Additional cost of KRW 2 million per unit of installation when an additional water leakage occurs, ③ Costs of artificial construction, such as painting and construction, shall not be included.

(c)

The Plaintiff performed the instant construction work from May 1, 2019 to May 7, 2019, and the construction details completed by the Plaintiff are as follows.

On the rooftop of the above B apartment, the Plaintiff conducted a water leakage inspection, and the construction of D as a basic water leakage (if any long-term work is required), ③ additional water leakage construction works for E, F heading, and G, and one water leakage construction for H, I, J heading, K heading, and L respectively.

(d)

The Plaintiff recognized that the Defendant received payment of KRW 6 million in total from the Defendant on June 7, 2019, and KRW 2 million on July 30, 2019.

[Grounds for Recognition: Facts without dispute, entries or images of Gap 1 through 17 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings]

2. The party's assertion and judgment

A. According to the above facts, the plaintiff completed the construction work under the contract for the construction work of this case. Thus, the defendant excluded the construction cost of 26 million won (=2 million won additional water leakage construction work of 2 million won basic water leakage work of 2.0 million won (=2 million won additional water leakage work of 2.0 million won x 11 place) which the plaintiff received payment.)

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