약정금
2016Na308089 Agreements
A
B Regional Housing Association
Daegu District Court Decision 2016Da111079 Decided August 16, 2016
December 21, 2016
January 25, 2017
1. The defendant's appeal and the request for return of provisional payment are all dismissed.
2. The appeal costs (including the application costs for the return of provisional payments) shall be borne by the Defendant.
Purport of claim, purport of appeal, and purport of request for the return of provisional payment
1. Purport of claim
The defendant shall pay to the plaintiff 17,60,000 won with 15% interest per annum from April 15, 2016 to the day of complete payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
3. Purport of request for the return of provisional payments
The plaintiff shall pay to the defendant 18,59,241 won and the amount equivalent to 5% per annum from November 1, 2016 to the date of a final judgment, and 15% per annum from the next day to the date of full payment.
The reasoning of the court's reasoning concerning this case is as follows, except where the defendant's assertion is insufficient to recognize, the part of the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main
Therefore, the judgment of the court of first instance is legitimate, and both the defendant's appeal and the request for return of provisional payment are dismissed as it is without merit. It is so decided as per Disposition.
Judges Nam-dae et al.
decoration of judge creation;
Mobilization of judges in writing