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(영문) 부산지방법원 동부지원 2021.01.27 2018가합103548
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the following amount: (a) 162,757,634 won:

B. The above paragraph (a).

Reasons

1. Basic facts ( common to principal lawsuit and counterclaim);

A. The Plaintiff is a company whose business purpose is real estate leasing business, etc.

On December 2, 2016, the Plaintiff concluded a contract with C (hereinafter referred to as “C”) on June 30, 2017, for the construction work of constructing a 4-story building on the ground level 1,570,000,000 under the ground level D, Busan, Daegu, for the construction work of constructing a 4-story building on the ground level 1,570,000 (Additional No. 3) and on June 30, 2017.

B. When the foregoing construction was interrupted due to the aggravation of finance, etc. of C, the Plaintiff entered into a contract for construction works with the Defendant on May 26, 2017 (hereinafter “instant contract”); and the “instant construction works” and the “building completed according to the said construction works,” which the Defendant performed under the contract. The key contents of the instant contract are as follows [Attachment 1].

1. Public mission: D D Construction of neighborhood living facilities;

3. Commencement of construction period, May 26, 2017, July 30, 2017.

4. Value of supply: 757,180,000 won (excluding value-added tax).

6. The timing and method of payment of part of the flag: The payment shall be made according to the rate of official photographic behavior.

The construction of the special agreement shall correspond to all design drawings.

A construction shall be executed in accordance with the field instruction and construction permit conditions.

4. Claim for the payment of the down payment, other than the down payment, shall be made once a month.

[Attachment 1: Details of the instant contract]

C. On September 4, 2018, the Plaintiff, while constructing the instant building, did not construct the part to be constructed in accordance with the design drawing, or constructed the building in a way different from or inadequate from the design drawing, thereby causing defects in the instant building.

I asserted that this Court applied for an appraisal for the assessment of the cost of repair of defects.

(d)

According to the appraiser E’s appraisal result (hereinafter “the appraisal result of this case”), there are a number of defects including the omission of the tent of the parking lot in this case, the number of water leakages, underground floor and the installation of the entrance system of the 129,083,00 won, in order to repair the said defects (the detailed details of whom are attached).

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