(영문) 서울고등법원 2015.09.10 2014나2047830

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(영문) 서울고등법원 2015.09.10 2014나2047830

공사대금

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. This part of the judgment of the court is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, except that the reasoning of the judgment of the court is that “138,50,000 won” as “1,385,00,000 won” as “1,385,000 won” under Article 1-B of the reasoning of the judgment of the court of first instance.

2. Claim for the payment of remaining construction price;

A. Since the Plaintiff’s assertion completed the establishment of the Red Sea Sea, on April 12, 2013, the Defendant is obligated to pay the Plaintiff the remainder of KRW 27,246,000, excluding the amount already paid by the Defendant, out of the price of the establishment of the Red Sea.

(b) Evidence A(including paper numbers; hereinafter the same shall apply) No. 5

According to the statements and witness B’s testimony of the first instance court, the following circumstances are revealed in addition to the aforementioned evidence and evidence Nos. 11, 14, 14, 1, 1, 2, 3, and 5, and the purport of the entire pleadings in some testimony of the witness B of the first instance court.

① Article 17(1) of the Red Sea Construction Contract of this case provides that where the plaintiff requests the defendant to inspect or inspect the completed portion of the construction, the defendant shall immediately conduct the inspection and notify the plaintiff of the result thereof within 10 days, and where the defendant does not notify the above, the defendant shall be deemed to have passed the inspection. Article 17(2) of the same Act provides that when the defendant is notified of the passing of the above inspection, the defendant shall immediately take over the object by deeming it to have been delivered to the defendant. Article 17(3) of the same Act provides that if the plaintiff fails to pass the above inspection, the plaintiff shall, without delay, repair or remodel it and undergo the inspection again. Article 20 of the same Act provides that the defendant shall pay the plaintiff

Therefore, under the premise that the establishment of the Red Sea of this case was completed, the plaintiff will pay the remainder to the defendant.

참조조문

-민사소송법 제420조

유사 판례

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-서울고등법원 2013.07.17 2012나102331

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