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(영문) 의정부지방법원 2017.05.18 2016나9576

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. Comprehensively taking account of the overall purport of arguments as to the cause of the claim, the following facts: ① the Defendant, a construction business entity, entered into a contract for construction of a building on the land surface with C, which is the owner of the building and the owner of the land in Yangyang-gun in Gyeonggi-do on January 6, 2014; ② the construction business entity entering into a contract for construction of a building on March 12, 2014 with H, which is the owner of the building and the owner of the land; ② the Plaintiff entered into a contract for construction of a building on the land on the land surface in Yangyang-gun in Gyeonggi-do on March 1, 204; ② the Plaintiff, a construction business entity conducting adjustment of a building site using the excavation equipment, etc. with J, the Defendant’s employees and the head of the site 00 to March 12, 2014; KRW 5,520,000, KRW 800, KRW 4000, KRW 804,2014.

According to the above facts, the defendant's employees and the head of the field office of the J, as the defendant's representative, concluded a construction contract using the digging season with the plaintiff, and the plaintiff is deemed to have completed the construction work under the above construction contract between March 1, 2014 and March 12, 2014.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from January 15, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff, for the construction cost of KRW 5,520,000 under the above construction contract.

2. The plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.