압류한 공사대금채권 중 추가 공사비용 등을 공제한 나머지 공사대금을 지급할 의무가 있음[일부패소]
Seoul Northern District Court 2011 Gohap2610 ( October 18, 2012)
Of the claims for the attached construction cost, the remainder after deducting additional construction cost, etc. is liable to pay the construction cost.
(As in the judgment of the court of first instance) there is a duty to pay the remainder of the construction cost and damages for delay after deducting the already paid construction cost, employment-industrial accident insurance premium, and additional construction cost incurred as a result of the occurrence of damages due to defective construction works, among the construction cost claims notified of attachment
2012Na15444 Of claims seizure
Korea
Nam
Seoul Northern District Court Decision 2011Gahap2610 Decided January 18, 2012
October 11, 2012
November 1, 2012
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
1. Purport of claim
The defendant shall pay to the plaintiff 00 won with 20% interest per annum from the day following the service date of the complaint of this case to the day of complete payment.
2. Purport of appeal
Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked. The defendant shall pay to the plaintiff 5% interest per annum from the day following the date of service of the complaint to the day of final judgment, and 20% interest per annum from the next day to the day of full payment.
1. Quotation of judgment of the first instance;
The court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, and thus cites it as it is by the main text of Article 420 of the Civil Procedure Act
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.