logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.03.26 2019나57312
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Around July 2018, the Defendant concluded a contract with the Plaintiff for the construction of the floor of the Defendant’s house and villa (hereinafter “instant construction”) as KRW 10,830,000 in total (i.e., the primary construction work, KRW 8,410,000, KRW 2,420,000 (hereinafter “instant contract”) with the Plaintiff as a total of the construction cost (i.e., the instant construction work, KRW 8,410,00) (hereinafter “instant contract”) without any dispute between the parties or by taking into account the entire purport of the

Furthermore, in light of the following circumstances, which can be recognized by comprehensively considering the purport of the entire pleadings in the evidence Nos. 2 and Nos. 1 through 4, namely, ① the Plaintiff completed the main process of the instant construction in accordance with the instant contract, ② the Defendant stated that he/she had an intention to pay the remainder of the construction cost in the preparatory documents, etc. dated December 3, 2019, ③ the Defendant’s assertion of incomplete performance as alleged by the Defendant appears to be merely a defect in the Plaintiff’s construction work. Thus, the Plaintiff completed the construction under the instant contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 2,830,00,000 calculated by deducting the 8,000,000,000,000 from the construction cost under the instant contract, which the Plaintiff had already been paid by the Defendant (the Defendant does not dispute the amount of the remaining construction cost) and the damages for delay calculated at the rate of 12% per annum from February 19, 2019 to the date of full payment, which is the day following the delivery of the copy of the application for the instant payment order.

2. As to the defendant's assertion, the defendant did not execute the construction work as stipulated in the contract of this case, and as a result, there was a defect in the part constructed by the plaintiff, the defendant asserts that the construction work of this case may not be paid, or that a considerable portion of the construction work should be reduced.

arrow