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(영문) 광주지방법원 2017.01.18 2016나3078
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. According to the written evidence Nos. 1 through 3 and the overall purport of testimony and pleading by the witness C of the first instance trial, it is difficult to recognize the fact that the office of education gave contracts to adults, and re-subcontracts to the Plaintiff around January 1, 2015, the Defendant re-subcontracted “D middle school ventilation Facility Improvement Works” to the Defendant for KRW 9 million, which was subcontracted to the Defendant by adults, around January 15, 2015, and that the Plaintiff completed the said construction around February 15, 2015, and only the written evidence No. 1 is insufficient to reverse the said recognition.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 30, 2015 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

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 as it is without merit.

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