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(영문) 수원지방법원 2020.11.19 2019나90623
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 5,608,512.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Summary of the parties' arguments;

A. Plaintiff 1) The Plaintiff newly constructed two detached houses on the land of Gwangju City C and D (hereinafter “instant construction”).

(2) The Plaintiff provided direct labor at the construction site of this case from October 2017 to February 2018, or paid wages to other persons by proxy to the Defendant. During the above period, the sum of the labor cost for the Plaintiff and the labor cost paid by the Plaintiff to the Plaintiff was KRW 60,625,00 (= KRW 15,200 for the Plaintiff’s personnel cost + KRW 200,000 for the Plaintiff’s personnel cost + KRW 45,425,00 for 76 days) paid by the Plaintiff. The Plaintiff received KRW 28,810,00 for the Plaintiff.

Meanwhile, the Plaintiff spent 25,64,800 won for the purchase of materials on behalf of the Defendant, and lent the amount equivalent to the above amount to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 57,479,80 (=60,625,000) (=28,810,000) KRW 25,664,80).

(3) As to the wall of a wooden building, a defect assessed in KRW 20,387,635 on September 9, 202 is not an error of the plaintiff's management, but a defect in relation to the wall of the wooden building is assessed as KRW 30,352,802 and KRW 3,510,456 related to the defect repair cost related to the design and outer wall of the wooden building, and is assessed as KRW 20,387,635,00 in relation to the wall of the wooden building and KRW 20,387,635,00 in relation to the wall of the wooden building.

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