공사대금
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. Facts of recognition;
A. The Plaintiff is a company engaging in painting building business, and the Defendant is a person engaged in interior construction business with the trade name “B”.
B. On May 3, 2016, the Defendant, while carrying out the interior design construction of the instant house C (hereinafter “instant house”) at Jeju City, subcontracted the instant interior design construction (hereinafter “instant painting construction”) to the Plaintiff on May 3, 2016 by setting the construction cost of KRW 10 million (Additionalse), the contract deposit of KRW 1.5 million, the date of commencement, May 3, 2016, and the date of completion as of May 15, 2016.
C. On May 13, 2016, the Defendant paid to the Plaintiff KRW 3 million out of the instant painting construction cost of KRW 11 million (including value-added tax).
The Plaintiff completed the instant painting work until the completion date.
E. After completion of the completion inspection, the instant house moved in by the owner on August 13, 2016, and the Defendant completed the settlement of the accounts between the owner and the interior works.
[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings
2. According to the facts found as above, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the completion date of construction, as the Plaintiff completed the instant painting work and did not receive KRW 10 million (=1 million-3 million) from the Defendant on May 15, 2016, among the construction cost. Thus, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 14, 2016 to the day of full payment, barring special circumstances.
3. Judgment on the defendant's assertion
A. The defendant asserts that the construction work cannot be deemed to have been completed with wide range of defects in the painting construction work.
B. It is difficult to recognize the relevance between the instant painting work and the defect solely with evidence Nos. 1 (including paper numbers) that is a photographer, the subject and time of which are not specified.
In addition, the defendant is the owner.