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(영문) 수원지방법원 2016.11.01 2016나2793

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. The plaintiff asserts that the decision on the cause of the claim shall be paid 14,781,818 won and damages for delay payable by the defendant.

The Defendant’s failure to pay the construction cost of KRW 14,781,818 to the Plaintiff, and the fact that KRW 3,181,818 out of the said money should be paid by September 30, 2014, the remainder of the construction payment of KRW 11,60,000, which is the payment related to the new construction of a new neighborhood living facility, does not dispute that the Defendant does not have any obligation to pay the said money if it offsets the defect repair cost incurred in the new construction of a new neighborhood living facility. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the fact that the defect repair cost was incurred due to the unpaid construction cost, and there is no evidence to acknowledge

Therefore, the Defendant is obligated to pay 14,781,818 won and 3,181,818 won, which are the day following the due date for repayment, to the Plaintiff at the rate of 5% per annum as stipulated by the Civil Act from October 1, 2014 to April 9, 2015, which is the day of delivery of a copy of the complaint in this case; damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment; and damages for delay at the rate of 11,60,000 won per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 10, 2015 to the day of full payment.

2. If so, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed and it is so decided as per Disposition.