beta
(영문) 수원지방법원 2016.09.20 2015나42732

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. According to the overall purport of Gap evidence Nos. 1, 2, 4, and 11 as to the cause of the claim and the entire purport of the pleadings, the plaintiff was obligated to pay the plaintiff the unpaid construction cost and damages for delay, on May 17, 2014, since it is recognized that the construction work was completed after obtaining a subcontract for the play equipment painting located within B from the defendant on May 17, 2014, and that the construction cost unpaid by the defendant constitutes 12,060,400.

2. The defendant's assertion against the defendant should have conducted a melting prevention work on the play equipment with metal materials and had the seal constructed. However, the above procedure was omitted and melted into the play equipment. The defendant asserts that the total amount of damages exceeds the payment of the construction cost, since the total amount of damages exceeds the payment of the construction cost due to the loss for which the repair cost of KRW 8,056,520 was paid, and the additional construction cost was not paid from B.

In addition to the statements of the evidence Nos. 4 through 11 and the testimony of the witness C of the first instance trial, the plaintiff was performing construction under the direction of the head of the defendant's site office at the time, the fact that the head of the defendant's site office ordered the plaintiff to omit green prevention work and seal construction work, and the fact that the defects occurred as a result of the plaintiff's construction work under the direction of the head of the defendant's site office at the time. Thus, the defendant

Therefore, the above defendant's assertion is without merit.

3. Accordingly, the Defendant shall pay to the Plaintiff 12,060,400 won unpaid construction price and the amount calculated by applying 20% per annum from February 6, 2015 to September 30, 2015 and 15% per annum from the next day to the day of full payment pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of the instant Performance Recommendation to the Plaintiff. Thus, the Defendant shall revoke the part against the Plaintiff in the judgment of the first instance as otherwise agreed, and the Defendant shall be the Defendant.