하자보증금 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for addition of the facts constituting the cause of the claim as set forth in the following paragraph (2).
2. In addition, the following shall be added between the first and second written judgments of the first instance.
The Plaintiff constructed “D”, a building located in Gangseo-gu Seoul Metropolitan Government, was deposited with E Co., Ltd. in order to guarantee the obligation to repair the defects of the building, and the Defendant agreed to pay 50% of the deposit for repair of defects to the Plaintiff upon the receipt of the deposit for repair of defects between the Plaintiff and the Plaintiff on March 17, 2017, and written the instant payment agreement (Evidence A). On April 19, 2017, E Co., Ltd. paid KRW 17,61,576 to the Defendant on April 19, 2017, the fact that the deposit for repair of defects was not disputed between the parties or that the Defendant paid KRW 17,61,576 to the Defendant on April 19, 2017 is recognized by the overall purport of the entry and pleadings in the evidence Nos. 1 to 8,805,78 won (=17,611,576 won x 0.5) and the amount calculated by 15% per annum from December 13, 2015.
3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.