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(영문) 서울중앙지방법원 2017.01.13 2015가단91568
공사대금
Text

1. The Defendant’s KRW 26,678,00 for the Plaintiff and KRW 6% per annum from June 9, 2015 to January 13, 2017.

Reasons

A. The cost of defect repair is KRW 40,005,00, and the Plaintiff’s arbitrary execution of construction without agreement with the Defendant around September 14, 2014, despite the agreement made between the Defendant, led to KRW 49,107,00 for expenses incurred in reconstruction after the removal. Thus, the Plaintiff’s claim for construction payment is set off against the Plaintiff’s claim for the total amount of KRW 89,112,000, such as the defect repair amount.

(2) In full view of the statements in the evidence Nos. 8 and 19, the appraiser A’s appraisal result, and the purport of the entire pleadings as a result of the appraiser A’s request for the supplementation and supplementation of appraisal, the Plaintiff’s construction work in this case executed by the Plaintiff can be acknowledged as constituting a total of 58,79,000 expenses for the construction work in this case as indicated below. As such, the Plaintiff is liable to pay the Defendant the above KRW 58,79,00 as damages in lieu of defect repair, and damages for delay.

The installation of 10,00 won and 4,589,00 won and 4,589,000 won and 5,10,000 won and 5,000 won and 193,000 won and 4,000 won and 0,000 won and 0,000 won and 0,000 won and 1,000 won and 8,00,00 won and 0,000 won and 0,000 won and 1,00,00 in case of construction of reconstruction, after voluntary removal of the toilet framework between the toilets and the rest room, the installation of 5,10,00 won and 10,00 won and 0,7,000 won and 0,7,000,00 won and 1,0,000,00 won and 0,00,000 won and 0,000,00 won and 1,000,000.

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