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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,635,90 to the Plaintiff (Counterclaim Defendant) for KRW 10,635,90 and the amount from August 4, 2015 to November 30, 2016.
Reasons
1. Basic facts
A. On November 25, 2014, the Plaintiff, including the conclusion of the instant construction contract, entered into a contract with the Defendant on the terms that the construction cost of the 69,895,100 won (including value-added tax) was determined and awarded as two Dong (A, Dong) repair and maintenance facilities (a plastic house, hereinafter “instant facilities”) in Gyeyang-si, Yangsan-si (hereinafter “instant facilities”).
The Defendant completed the instant construction work on December 2, 2014, and received the said construction cost from the Plaintiff.
B. Details 1 of the non-construction and non-construction part of the instant facility: The defective part of the primary optical wave net (2,609,000 won) of the instant facility B is as follows: The specific contents of the defect are as follows, and the repair cost is 13,67,00 won in total.
(1) The tear gas of vinyl B, 1 among vinyl water/B, 2.2 Vinyl chloride C, 3. Adong and B, 2.2 Vinyl chloride C, 4.2, 1.2, 1.2, 3.2, 3.2, 1.2, 3.2, 1.2, 1.2, 3.2, 4.2, 1.2, 3.2, 1.2, 3.2, 4.2, 4.2, 1.2, 5.2, 4.2, 6.2, 6.2,2,2,2,2,2,3.
2. Determination on the main claim
A. The Defendant is obligated to pay damages to the Plaintiff in lieu of the non-construction of this case and the repair of defective parts. The part claiming damages arising from the non-construction of this case and the defective parts.
Furthermore, the scope of damages is examined.
First of all, the amount of damages for non-execution is 2,609,000 won as seen earlier.
Next, as about the amount of damages in lieu of the repair of the defective part of this case, about one year has passed from the completion of the facility of this case until the date of the actual completion of the appraisal of the defect, some natural phenomena may occur in the facility of this case, and the defect occurred in the facility of this case.