beta
Text
1. The Defendant’s decision is based on the Incheon District Court Branch Decision 2016Gahap10514 Decided October 25, 2017.
Reasons
1. Basic facts
A. On May 24, 2017, the Plaintiff filed a lawsuit for construction price against the Defendant and C Co., Ltd. (hereinafter “C”) (this Court Decision 2016Gahap10415, hereinafter “construction price lawsuit”), and was sentenced to the following rulings. The said judgment was finalized on July 4, 2017.
Article 1 (Evidence A of Contract Price Claim)
1. Each party to the Plaintiff:
(a) C shall pay 212,52,397 won and the interest thereon at the rate of 15% per annum from May 22, 2016 to the date of full payment;
B. The defendant is the above A.
Of the money stated in paragraph (1), 199,548,161 won and interest thereon shall be paid at a rate of 5% per annum from March 8, 2016 to May 24, 2017, and at a rate of 15% per annum from the next day to the date of full payment.
2. The plaintiff's remaining claims against the defendant are dismissed.
B. On October 25, 2017, the Defendant filed a lawsuit against the Plaintiff for damages (this Court Decision 2016Gahap10514, hereinafter “liability for damages”) and was sentenced to the following rulings. While the Plaintiff appealed therefrom (Seoul High Court 2017Na2064737), the Defendant was sentenced to the dismissal of appeal on May 10, 2018, and the said judgment became final and conclusive on May 26, 2018.
Article 4 (Evidence No. 4 of Judgment on Compensation for Damages)
1. The defendant shall pay to the plaintiff 8,00,000 won with 5% interest per annum from March 19, 2016 to October 25, 2017, and 15% interest per annum from the next day to the day of full payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion holds the Defendant’s claim for construction cost amounting to KRW 247,139,029 (as of September 5, 2018) in accordance with the final and conclusive judgment of the lawsuit for construction cost. If the Plaintiff’s claim is offset by the Defendant’s claim for damages amounting to KRW 107,757,807 (as of September 5, 2018), the Defendant’s claim is entirely extinguished, and thus, the Defendant’s claim is based on the final and conclusive judgment of the lawsuit for damages.