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(영문) 대구지방법원 2019.11.28 2019가단16892
공사대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 32,50,000 and 6% per annum from April 22, 2019 to August 20, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is a company running a construction business, and the defendants are married with the plaintiff.

B. On March 21, 2019, with respect to D Apartment E, the Defendants’ residence, the Plaintiff entered into a contract for interior interior design with the Defendants for construction cost of KRW 82,500,000 (including additional tax).

C. The Plaintiff completed the construction around April 22, 2019.

The Defendants paid KRW 50,000,000 out of the agreed construction cost.

【Ground of recognition】 The fact that there is no dispute (including the fact that the defendant is deemed to have been led to confession because he did not clearly dispute). The purport of the whole statement and pleading of evidence Nos. 1 through 4 is as follows.

2. According to the above facts finding as to the plaintiff's ground of claim, since the plaintiff completed a contracted work from the defendants, the defendants are jointly and severally liable to pay the remaining construction cost of KRW 32,500,000 (=82,500,000 - 50,000) to the plaintiff and damages for delay.

3. As to the defendants' defenses, the defendants asserted that the part constructed by the plaintiff was defective, such as the floor straw of the floor, the entrance straw of the straw, the defect in part of the container straw, the defect in water pressure of the toilet shower, the lack of space between the changeer and the sprink, the space part of the sprink and the sprink part of the sprink.

However, there is no evidence to prove that there was a defect as alleged by the Defendants during the construction works executed by the Plaintiff, and thus, the defendants' defense cannot be accepted.

4. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff 32,50,000 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 22, 2019 to August 20, 2019, when the duplicate of the complaint of this case was served on the Defendants, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Plaintiff

All claims are justified and acceptable.

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