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(영문) 전주지방법원 2019.04.25 2017나12588

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Examining the reasoning of the appraisal of defects in Gap evidence Nos. 1 through 4, 6, and the judgment of the court of first instance with regard to Gap’s appraiser C, the Plaintiff was awarded a contract with the Defendant for construction period from November 4, 2014 to December 15, 2014; ② the Plaintiff completed construction on December 12, 2014; ② the Plaintiff paid the Plaintiff only KRW 86,50,000 among the construction cost; ③ the Plaintiff paid the Plaintiff KRW 18,730,000 among the construction cost; ③ the Plaintiff supplied the Plaintiff with the repair cost of KRW 18,70,000 among the construction cost; ③ the Defendant directly supplied the repair cost of KRW 36,00,00 among the construction cost; and ④ the Defendant directly supplied the Plaintiff with the repair cost of KRW 70,000,000,000 among the construction cost of the instant case; and ④ the Defendant directly supplied the instant construction cost of KRW 360,700,000.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 71,983,00 (i.e., the construction cost of KRW 188,00,000 - KRW 86,50,000 for the materials purchased by the Defendant on behalf of the Plaintiff - KRW 22,330,00 for the materials purchased by the Defendant on behalf of the Plaintiff - KRW 7,187,00 for the defect repair cost of KRW 7,187,00 after the completion date of the instant construction, as claimed by the Plaintiff, to pay damages for delay calculated at the rate of 15% per annum from September 2, 2015 to the day of full payment.

2. Judgment on the defendant's assertion of mutual aid

A. The Defendant should additionally deduct KRW 12,381,00,00, in addition to the purchase price of other days and showers, which the Plaintiff is the Plaintiff, and the purchase price of shower (i.e., KRW 3,600,000, 18,730,000, as well as KRW 12,381,00,00, which is necessary for the instant construction, in addition to the purchase price of shower in large amount (i.e., KRW 3,600,000).