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(영문) 대구지방법원 김천지원 2018.10.24 2018가단684
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 66,89,068 won and the period from February 13, 2018 to October 24, 2018.

Reasons

1. Basic facts

A. On September 26, 2016, the Plaintiff entered into a remodeling construction contract with the Defendants (Defendant C is the business registration holder of Defendant C, and Defendant B is the actual operator as Defendant C’s husband) by setting the construction cost of KRW 150,000,000 and the construction period from September 29, 2016 to November 10, 2016 to operate a coffee shop.

B. Although the Defendants completed remodeling works on or around January 10, 2017, there were many defects, such as the 1st, the 2nd floor tropha, the eth floor trop, the ethy water leakage in the guest room, and the ethropic ethic eths in the above building, and the repair cost for the said defects is KRW 48,610,000.

(B) The Defendants asserted that the defect items asserted by the Plaintiff could not be seen as defects or included matters unrelated to the instant remodeling project, and that the defect repair cost was calculated excessively, but there is insufficient evidence to acknowledge it.

In addition, the Plaintiff paid KRW 8,235,000 in around February 2017, when there are defects such as water leakage, electricity joints, and space for change in the toilets of the building at which the Defendants completed remodeling works.

Meanwhile, the average daily sales of coffee shop operated by the Plaintiff from March 1, 2017 to December 31, 2017 are 837,839 won (total sales ± 256,378,885 won ± 306 days, and less than won). The operating profit ratio is 30% of the sales.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleading

2. According to the above facts finding as to the cause of the claim, barring special circumstances, the Defendants jointly and severally KRW 48,610,00,00 in substitution for the repair of defects, KRW 8,235,00 in toilet repair costs, KRW 10,054,068 in operating losses due to the delay of remodeling construction (i.e., average daily sales 837,839 x 30% in operating profit rate x 30% in construction delay period x 40 days in construction delay period sought by the Plaintiff).

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