(영문) 대전지방법원서산지원 2015.05.26 2014가단53631

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(영문) 대전지방법원서산지원 2015.05.26 2014가단53631

청구이의

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1. As to the defendant's claim for construction cost as Seosan Branch of Daejeon District Court 2008Kadan6085 against the plaintiff.

Reasons

1. Facts of recognition;

A. On July 17, 2008, the Defendant filed a lawsuit against the Plaintiff against the Plaintiff claiming for the cost of subcontracted construction related to the construction of a nearby facility and a multi-family house on the land (hereinafter “instant construction”). On July 17, 2008, the conciliation between the Plaintiff and the Defendant (hereinafter “instant conciliation”) was established as follows:

(Seoul District Court Seosan Branch 2008Gadan6085, and under the conciliation clause, "Defendant" is "Plaintiff" in this case, and "Plaintiff" is "Defendant" in this case) 1. The defendant and the conciliation intervenor D jointly pay 30 million won to the plaintiff by August 20, 2008, and if the defendant fails to pay the above money by the payment date, the defendant shall pay the unpaid money by adding the delay damages at the rate of 20% per annum from August 21, 2008 to the day of full payment.

2. The Defendant and the Intervenor shall jointly and severally pay the Plaintiff the amount calculated by deducting the repair cost and the depreciation cost from the amount calculated by October 31, 2008, when the Defendant and the Intervenor jointly and severally stated in paragraph (3) at KRW 20,000,000. However, if the Defendant did not pay the paid amount by the due date, the unpaid amount shall be paid by adding the delayed damages at the rate of 20% per annum from November 1, 2008 to the due date of full payment.

3.Along with the plaintiff and the Intervenor D's accession, until August 31, 2008 confirmed the difference between the defective parts of the 5 lots of land outside the city of Busan and the 5th day of construction of new facilities and multi-family houses, the defective part shall be repaired before October 31, 2008 by the plaintiff (in this case, the 0 won shall be the 0 won) and the adjusted part shall be directly repaired by the intervenor, and the cost shall be deducted from the 20,000,000 won if the reduced part is used more than the specified contents in the contract for the use of the other part, and the decreased part shall be deducted from the 20,000,000 won if it is used less than the specified contents in the contract for the use of the other part.

4. The Plaintiff on August 31, 2008

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