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(영문) 서울고등법원 2017.04.28 2016나2071448
공사대금
Text

1. The Defendant-Counterclaim Plaintiff’s appeal against the principal claim and the Defendant-Counterclaim Plaintiff’s counterclaim filed at the trial.

Reasons

1. Determination on the main claim

A. The reasoning of the judgment of this court concerning this part of the acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the defendant's new assertion or supplementary determination as to the part concerning which the defendant raised a new argument at the trial of the court of first instance and brought an appeal as the grounds for appeal, and thus, it is acceptable

B. 1) Additional or Supplementary determination 1) In the first instance trial, the construction work should be deemed to have been completed only when the Plaintiff fulfilled all the obligations stipulated in the instant subcontract, such as the issuance of defective performance bonds without any defect. However, since the Plaintiff did not issue defect repair bonds, it cannot be deemed to have been completed until August 15, 2012, which is the term of the instant construction work, and the Plaintiff shall be deemed to have completed the instant construction work on December 25, 2012, which is the day immediately before the completion date of the instant construction work. Accordingly, the Plaintiff is obliged to pay the Defendant the penalty for delay 131 days from August 16, 2012 to December 24, 2012, if it was not completed due to the completion of the construction work, the obligation of the Defendant to pay the Plaintiff construction work payment set off against the unpaid construction cost, which is all expected to be completed due to the completion of the construction work within the agreed upon the final construction of the construction work.

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