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(영문) 전주지방법원 2018.11.23 2017나13987

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. Facts of recognition;

A. The plaintiff is a person who operates construction business, etc. in the trade name of "C", and the defendant is the owner of the multi-family house located in Ysan-gu Seoul Metropolitan City D (hereinafter "the building of this case").

B. On September 29, 2016, the Defendant contracted the instant new construction works to E as of March 30, 2017, with the total construction cost of KRW 570,000,000, and the completion date of the instant construction works.

C. On March 2, 2017, E subcontracted to the Plaintiff on March 2, 2017, for the completion of the instant construction works, the amount of KRW 25 million out of the total construction cost is paid as advance payment, and the amount of KRW 50 million is paid as advance payment on March 15, 2017, and the remainder amount of KRW 27 million shall be paid after completion.

(hereinafter “instant subcontract”). D.

On March 10, 2017, the Defendant drafted a written consent to the direct payment of the subcontract consideration to the Plaintiff that “The amount of KRW 27 million for the construction work in connection with the instant construction work shall be paid directly within seven days after the completion of the construction work.”

(hereinafter “instant direct payment agreement”) e.

After completion of the construction of this case, the Plaintiff completed the construction of this case, and the Defendant obtained approval for the use from the head of the Gu of the Jeonju-si on April 28, 2017 after completion of the construction of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 7, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 10, 2017 to the date of full payment, which is obviously the next day after the original copy of the instant payment order sought by the Plaintiff, for the remainder of KRW 27 million under the instant direct payment agreement pursuant to the instant direct payment agreement, and seven days after the completion of the instant building.

3. Judgment on the defendant's defense

A. 1 Defendant’s defense of repayment is determined.