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(영문) 인천지방법원 2017.01.11 2016나10162

공사대금

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. There is no dispute between the parties to the judgment on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in the statement in the evidence Nos. 1 and 2, the Plaintiff: (a) on September 13, 2013 and September 15, 2013, the Plaintiff: (b) on September 13, 2013, the Defendant used the Plaintiff’s construction machinery to extend the construction work; (c) on September 23, 2013, the total manager D at the time agreed to pay the Plaintiff the construction cost of KRW 13,794,00 up to October 23, 2013; and (d) on December 19, 2013, the Defendant prepared and attached a payment note that the Plaintiff would pay the Plaintiff at the time of bank loans after completion of construction; and (e) on September 15, 2013, the Defendant, barring any special circumstance, bears an obligation to pay the Plaintiff the interest of KRW 13,794,000,00.

2. Judgment on the defendant's assertion

A. The defendant asserts that "the time of loan after completion of the contract constitutes the payment terms, and since the term "the time of loan after completion of the contract is not fulfilled," the obligation to pay is extinguished. However, it is reasonable to view that the subsidiary bank of the above payment statement ("the time of loan after completion of the contract") set a time limit not to be imposed in light of the process of preparation, contents, etc. (and it was not obtained a bank loan for more than two years from the date of preparation, and the defendant continuously denied the existence of the obligation to pay, and the failure to pay became final and conclusive prior to the filing of the lawsuit in this case). Therefore, the defendant's argument

B. The defendant alleged that the declaration of intent stated in the above payment note is invalid or cancelled, but there is no evidence to acknowledge this, the defendant's assertion is without merit.

3. Conclusion, the plaintiff's claim.