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(영문) 부산고등법원 2015.01.21 2014나2433
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except where part of the reasoning of the judgment of the court of first instance was modified and used as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Parts to be dried;

A. On the 15th and 10th of the first instance judgment, the “85%” in the 15th and 10th of the 15th and the “407,241,120 won” in the 9,19,20th and the “359,330,400 won” in the 19,21th and the “181,808,880 won” in the 19,21st and the “29,719,600 won” shall be considered as “7,600 won”.

B. The part of the 17th judgment of the court of first instance, “5. Lawsuits”, as follows, shall be followed.

“5. According to the theory of lawsuit, as to KRW 229,719,60 and the cited amount of KRW 181,808,880 among the Plaintiff, the Defendant decided to reserve the remainder amount of the instant construction works as the defect repair amount from February 23, 2011, following the expiry date of the warranty period as seen earlier (12 months from the completion date of the trial operation). As such, the Defendant recognized natural damages from the day following the expiration date of the warranty period.

(2) The Defendant is obligated to claim as to the existence and scope of the obligation to perform the obligation, at the rate of 5% per annum as stipulated in the Civil Act until February 13, 2014, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of full payment, and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 23, 2011 to January 21, 2015, which is the date the Defendant rendered this decision, to claim as to the existence and scope of the obligation to perform the obligation; and to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. Since the judgment of the court of first instance is partially different from this conclusion, the plaintiff's appeal is partially accepted, and it is in the judgment of the court of first instance.

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