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(영문) 서울고등법원 2016.04.07 2015나2066319
공사대금
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act

After the 9th sentence of the first instance judgment, the Defendant’s obligation to pay the construction price has become extinct as the Plaintiff’s claim for set-off and the Defendant’s damage claim in lieu of the repair of defects has expired on an equal amount due to the Plaintiff’s claim for set-off.

From August 26, 2015 to 19 of the judgment of the court of first instance, the 10th 15th 15th "from August 26, 2015," is obligated to pay damages for delay at the rate of 6% per annum prescribed by the Commercial Act until October 28, 2015, which is the date of the judgment of the court of first instance, which is the date of the judgment of the court of first instance, and the date of full payment from the following day to the date of full payment.

The following shall be added to the 10th 20th 20th son of the first instance judgment:

D. Determination on the Plaintiff’s assertion of set-off 1) Claim for damages in lieu of the Plaintiff’s defect repair by the Defendant’s assertion was set off against the Plaintiff’s claim for construction cost acknowledged earlier.

2) Determination A) It is reasonable to deem that both claims were set-off on July 15, 2014, for which the Plaintiff demanded payment of the construction cost, as the damage claim in lieu of the Defendant’s repair of defects was in a concurrent performance relationship with the Plaintiff’s claim for construction cost.

Meanwhile, in full view of the purport of the Plaintiff’s evidence No. 16 and the entire argument, it can be acknowledged that the Plaintiff declared to the Defendant that it would offset the Defendant’s damage claim in lieu of the Defendant’s defect repair against the Defendant’s claim for the construction price.

B. Accordingly, the damage claim 11,911,229 won in lieu of the repair of the defendant's defects against the plaintiff is set off on July 15, 2014.

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