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(영문) 대전지방법원 2019.01.11 2018나1283

공사대금

Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 8 (including additional numbers) and Eul’s testimony and pleading as to the cause of the claim, the plaintiff entered into a contract (hereinafter “instant contract”) with the defendant to determine construction cost of KRW 27,50,000 as the construction cost of D land at the time of Jin-si owned by the defendant (hereinafter “instant construction cost”) and receive the contract for construction work (hereinafter “instant contract”). ② At the time of entering into the instant contract, the defendant agreed to pay KRW 26,50,000 to the plaintiff by the end of June 2016, and ③ The plaintiff completed reclamation work from June 1, 2016 to June 6, 2016 pursuant to the instant contract, and ④ the defendant has no other evidence to recognize otherwise. < Amended by Presidential Decree No. 27270, Jun. 1, 2016>

Therefore, according to the instant contract, the Defendant is obligated to pay to the Plaintiff damages for delay calculated on July 1, 2016, which is the day following the date of the payment of the instant contract price, at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, to the date of the determination of the existence and scope of the Defendant’s obligation to perform.

2. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims shall be dismissed as there is no ground. Since the judgment of the court of first instance is partially unfair with different conclusions, part of the plaintiff's appeal is accepted, and part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to pay under Paragraph 2 of the judgment of the court of first instance is revoked,